JUDGMENT

KASLIWAL, J.:- As identical questions of law are involved in both the above cases, they are disposed of by one single order.

2. Civil Appeal No. 1101 of 1981 is directed against the judgment of High Court of Kerala at Ernakulam dated October 8,1980. The High Court has granted a certificate under Article 133(l) of the Constitution of India certifying that the case involved a substantial question of law of general importance consisting the interpretation of Sub Section (6) of Section 24 of the Code of Criminal Procedure, 1973.

3. The Writ Petition under Article 32 of the Constitution has been filed by the Uttar Pradesh Public Prosecutors Association consisting the membership of Assistant Public Prosecutors, including Prosecuting Officers, Senior Prosecuting Officers, Deputy Director of Prosecution serving under the Government of Uttar Pradesh. Petitioner No. 2 is the President of the Association. In both the cases the controversy raised is that there exists a regular cadre of Prosecuting Officers and as such the State Government is bound to appoint Public Prosecutors and Additional Public Prosecutors only from among the persons constituting such cadre in view of S. 24(6) of the