Delhi HC directs to consider candidature of lawyer for mediation training whose income fell during pandemic

New Delhi [India], March 9 : Considering the fact that the income of lawyers had fallen during the Covid pandemic, Delhi High Court has recently directed to place the candidature of a lawyer seeking mediation training before the concerned monitoring committee.
Justice Prathiba M Singh said, "Considering that during the pandemic period, several lawyers' incomes did not match up to the pre-pandemic levels, for some time, in the opinion of the Court, relaxation could be considered, even if on a case-to-case basis."
"In view of the above facts, the Court directs that the Petitioner's case may be placed by the Registrar General, Delhi High Court before the concerned Committee monitoring Mediation Centres in the High Court, for consideration of the Petitioner's case," Justice Singh directed on February 28.
In the present petition, Petitioner Umesh Gupta challenged the fixation of qualification of minimum eligibility requirement of net declared professional income of Rs 6 lakh, in the financial years ending March 31, 2021 and March 31, 2022 for the purpose of undertaking the 40-hour training programme on the 'Concept and Techniques of Mediation'.
The said training programme is being organized for 75 advocates and the notification for the same was published on December 23, 2022 by the Office of the Judge In-Charge, Delhi Mediation Centre, Tis Hazari Courts, Delhi.
Advocate Ashok Aggarwal, Counsel for the Petitioner submitted that fixation of the eligibility criteria of Rs 6 lakh as minimum net declared professional income for the past two financial years, is not part of the Mediation and Conciliation Rules, 2004 and therefore, is contrary to the law itself.
Advocate Aggarwal also submitted that due to the Covid-19 pandemic, the petitioner's income had gone down and currently his income is around Rs 4 lakh.
Petitioner's counsel also submitted that the Petitioner is extremely keen to undertake the said training programme. He is an advocate having a BTech degree along with an LLB degree from Delhi University and also has completed a PG Diploma from ILI.
He is also stated to have completed his LLM from the Global Open University, Nagaland. He has been practising since 2011 and claims to have conducted trials in hundreds of cases. On average, he submits that he has 7 to 8 cases listed per day before the District Courts.
Petitioner has also completed 40 hours mediation training held by Association For India International Mediation & Arbitration Services ("AIIMAS") which is a private institution and is now keen on undertaking the course through the Delhi Mediation Centre, the counsel submitted.
On January 23, 2023, a short affidavit was directed to be filed by the Respondents.
The counter affidavit dated February 9, 2023 on behalf of the Judge-in-charge, Delhi Mediation Centre has been was filed stating that the initial criteria for the training was recommended
on November 15, 2010 by the Monitoring Committee to oversee the functioning of all District Mediation Centres in Delhi.
It was submitted by Advocate Amit George, Counsel for that earlier on November 1, 2022, as recorded by letter dated December 6, 2022, a communication was addressed by the Judge-in-charge, Delhi Mediation Centre to the Registrar General, Delhi High Court giving the criteria for selection of Advocates for the mediation training programme.
The court said that the income criterion was fixed basically to ensure that serious advocates undertake the course.
The court was informed that the course may begin only in April, though the selection process is underway. Accordingly, let the present case of the Petitioner be placed before the Overseeing Committee within the next two weeks, the court directed.
Counsel for the Respondent submitted that the recommendation of the Delhi Mediation Centre ("DMC") was duly approved by the concerned Monitoring Committee of this Court as also the Chief Justice as per the letter dated 6th December 2022.
Accordingly, the eligibility criteria for the net declared professional income of the advocate has been fixed at Rs 6 lakh.