The Delhi High Court is hearing a plea challenging restriction of mediation training to Delhi High Court Bar Association members. Justice Purushaindra Kumar Kaurav sought responses from authorities regarding Samadhan training eligibility and listed the matter for April 16.
NEW DELHI: A petition has been filed in the Delhi High Court challenging the requirement that only members of the Delhi High Court Bar Association (DHCBA) may undertake mediation training offered by the Delhi High Court Mediation and Conciliation Centre, Samadhan.
The Samadhan training is a prerequisite for being empanelled as a mediator at the Delhi High Court.
Justice Purushaindra Kumar Kaurav requested responses from the High Court’s administrative side and from Samadhan, and listed the matter for further hearing on April 16.
Senior Advocate Sacchin Puri, vice-president of the DHCBA, attended the hearing and sought to have the lawyers’ association impleaded in the case.
The Court observed that the DHCBA can move an application to be impleaded.
The petition was brought by Tarun Kumar Bedi, a Senior Mediator at the Rouse Avenue District Court.
He has challenged the eligibility criteria set out in Samadhan’s notices dated March 12 and March 20, which invite applications for “Introductory Mediation Training (Part I)” but make DHCBA membership a condition for eligibility.
Under those notices, after completing Part I trainees must serve as co-mediators with a Samadhan mediator. Upon participating in 10 successful mediations, they are to undergo Advanced Training (Part-II). Only then may they be considered for empanelment as mediators with Samadhan.
Bedi contends that, while he satisfies all other requirements including years of practice and recent appearances before the High Court he is barred solely because he is not a member of the DHCBA.
He argues this creates an arbitrary division among similarly situated advocates and infringes constitutional guarantees of equality and professional freedom.
His petition notes that other High Courts and mediation centres around India do not impose such membership restrictions and instead admit candidates based on merit and experience.
The petition was filed through advocate Shivam Srivastava.
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