The Supreme Court registry has told the Delhi High Court that the process of engagement of law researchers by it is "not open to judicial scrutiny" as there is no employer-employee relationship between them.
"The professional engagement of a person qualified in law cannot be equated with the appointment in a civil post as there does not exist a relationship of employee and employer between the respondent (SC) herein and the law researcher in this case.
"Nature of law researcher who is qualified in law vis-a-vis the respondent herein being in the nature of personal engagement and an avocations, the said process of engagement is not open to judicial scrutiny," Raj Pal Arora, Registrar (Administration General) of Supreme Court, said in an affidavit submitted before Justice Rajiv Shakdher.
The affidavit was filed in reply to a plea filed by Phaguni Nilesh Lal, a final year law student of Army Institute of Law in Mohali, alleging that she was refused opportunity to apply for the post of 'Law Clerks-cum-Research Assistants' for 2013-14 with the apex court in violation of her right to equality on the ground that her institute was not on the list of approved panel.
"The system of engaging Law Clerk-cum-Research assistant has been in vogue in Supreme Court since long. It was intended to provide assistance to Hon'ble Judges in academic research. ...The engagement of law clerks was expected to be in the nature of a personal engagement and an avocation rather than a strict professional engagement," the reply said, adding the scheme of selection has been "evolved by the orders of the Chief Justice of India" by empanelling colleges "inter-alia of known reputation especially the National Law Schools.
