The bench was hearing a petition challenging a September 23 order. (File)
New Delhi:
Displeased over the repeated absence of the Centre’s advocates in several cases, the Supreme Court on Thursday said it did not take pleasure in summoning government officers before it.
A bench of Justices B R Gavai and K V Viswanathan on December 11 sought the presence of the director general of the Centre’s Directorate General of Health Services while flagging the “casual approach” in a matter concerning admission of a medical aspirant belonging to persons with disability category.
“The court does not take pleasure in summoning the officers to the court. However, when in spite of being duly served, the respondents do not put in appearance, we were compelled to do so,” it said.
On Thursday, both the officer and Centre’s counsel additional solicitor general Vikramjit Banerjee appeared before the bench.
“What is this? Notices are served and you don’t even bother to appear,” Justice Gavai said, “this is not happening for the first time. On many occasions, for the Union of India, nobody is present here”.
The bench said it had passed the order directing the officer to remain present as despite being duly served, no lawyer had appeared for the authority during the hearing on December 11.
The court said it waited till 4 pm for the counsel’s appearance but when nobody appeared for the Centre, despite there being many lawyers present, it passed the order.
“The presence of the officer is dispensed with,” the bench said in its order.
“We expect you to respond,” the top court said, “when a matter pertains to persons with disability”.
“You have so many panel counsel. Why don’t you assign some panel counsel to some courts so that at least when we require somebody’s assistance, somebody can be there immediately,” it said.
While dealing with the plea of the aspirant belonging to the persons with disability category, the bench directed his admission in a government medical college in Rajasthan.
On December 11, the bench directed the officer to remain present before it at 10.30 am on Thursday.
The bench said it was unfortunate that in the matter related to a person with disability category, despite notice no one had appeared.
The court, however, said normally it did not direct government officers to remain present in the court.
“…In view of the casual approach of respondent no.2, we are compelled to direct the personal presence of the Director General, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, New Delhi in this court on December 12 at 10.30 am,” it said.
The bench was hearing a petition challenging a September 23 order of the Punjab and Haryana High Court, which dismissed the aspirant’s plea for admission to MBBS course for the academic session 2024-25.
The high court had noted the challenge in the matter was regarding certificate of disability and observed a similar question was earlier decided by it in a separate matter and the relief was denied primarily on the ground that opinion of disability experts couldn’t substitute the court’s opinion.
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