Neutral Citation No. - 2025:AHC:20680-DB Court No. - 29 Case :- WRIT - C No. - 33320 of 2024 Petitioner :- Gaurav Kumar Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Yatindra Singh Counsel for Respondent :- Ashish Mishra,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Petitioner is aggrieved by the rejection of his claim for appointment on the post of Assistant Legal Aid Defence Counsel in District-Ghazipur on account of his implication in a matrimonial dispute arising out of case crime no.17114 of 2023, u/s 498A, 323, 506 IPC read with Section 3/4 of Dowry Prohibition Act, 1961. 2. Learned counsel for the petitioner submits that petitioner has already been enlarged on bail by the sessions court and merely due to pendency of a matrimonial dispute, his engagement as a defence counsel ought not to be denied consideration. Reliance is placed upon the judgement of the Supreme Court in Avtar Singh Vs. Union of India & Others reported in 2016 0 Supreme (SC) 578, in order to submit that the nature of allegation made against the petitioner is not such as would adversely affect his performance of duties as Assistant Defence Legal Aid Counsel. 3. Sri Chandan Sharma, learned counsel appearing for the respondent-Legal Services Authority states that the claim of the petitioner would be accorded consideration in terms of the law laid down in Avtar Singh (supra), provided there are vacancies still available. 4. In that view of the matter, we permit the Secretary, District Legal Services Authority, Ghazipur to accord fresh consideration to petitioner's claim in light of the above observations and pass a fresh order, in the event, there exists any vacancy on the post itself. The authority concerned shall examine the petitioner's feasibility to act as Legal Aid Defence Counsel notwithstanding his implication in the criminal case. All other material with regard to petitioner's credentials as a defence counsel would be open for examination. Such fresh decision would be taken within a period of two months. The order impugned in the writ petition shall remain subject to the fresh order to be passed in terms of the above direction. 5. With the above observations, present petition is disposed of. Order Date :- 13.2.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad