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2013 Supreme(Kar) 822

High Court of Karnataka
MOHAN M. SHANTANAGOUDAR & H.N. NAGAMOHAN DAS, JJ.
Rajashekar M. Tilanganji & Others
Versus
High Court of Karnataka rep by its Registrar General & Others
Writ Appeal Nos. 8473-8474 of 2012 & Writ Appeal Nos. 1949-1954 of 2013 (S-RES)
Decided On : 17-12-2013

Advocates Appeared:
For the Appellants:Vikas Rojipura for M/s. Ravivarma Kumar Associates, Advocates.
For the Respondents: B.P. Rupa HCGP.

Headnote:LABOUR & SERVICES - Appointment: [Mohan Shantanagoudar & H.N. Nagamohan Das, JJ] Recruitment to the post of Civil Judges - Exclusion of Assistant Public Prosecutors from eligibility - Karnataka Judicial Service (Recruitment) (Amendment) Rules, 2011 - Single Judge holding the APPs are not eligible for consideration as they are full time salaried employees - Held, In the appointment of Public Prosecutors/Assistant Public Prosecutors, the principle of master and servant does not apply. A person rendering service as Public Prosecutor or as an Assistant Public Prosecutor is treated as being in practice as an Advocate under Section 24(9) of Cr.P.C. They can safely be called as Advocates for the State. The Assistant Public Prosecutors-cum-Additional Government Pleaders, are eligible for being considered for appointment to posts of Civil Judges. Order of Single Judge was set aside. It was made clear that selection/appointments already made pursuant to the notification dated 6.8.2011 are not disturbed. However Assistant Public Prosecutors-cum-Assistant Government Pleaders shall be considered for appointment to the posts of Civil Judges in future.

Judgment :

Mohan M. Shantanagoudar, J.

The appellants being the Law Graduates were appointed as Assistant Public Prosecutors-cum-Assistant Government Pleaders ('APPs' for short). They are serving as APPs in different parts of State of Karnataka. They are conducting civil as well as criminal cases on behalf of the State. They are not only officers of the Court but also representatives of the State. There cannot be any dispute that APPs play important role in administration of justice. Being representatives of the State, they represent the interest of general public before the Court of law.

The appointment to the posts of Civil Judges is governed by Karnataka Judicial Service (Recruitment) Rules, 2004 {'2004 Rules' for short}.

2. On 9.6.2011 the Department of Law, Justice and Human Rights, Government of Karnataka notified the draft of the Karnataka Judicial Service (Recruitment) (Amendment) Rules, 2011 ('Amendment Rules of 2011' for short) in the Karnataka Gazette for amending certain provisions of 2004 Rules relating to recruitment of Civil Judges (Jr.Dn.). The draft rules relating to recruitment of Civil Judges (Jr.Dn.) were objected to by some of the appellants and by the Association of Prosecuting Officers by filing their statement of objections. Under the draft rules, APPs are excluded from being considered for appointment under the heading "recruitment of in-service candidates". However the Department of Law, Justice and Human Rights, Government of Karnataka promulgated 'Amendment Rules of 2011' on 11.7.2011. The High Court of Karnataka, Bangalore issued a notification inviting applications for making appointment to 152 posts of Civil Judges in the State of Karnataka on 6.8.2011. The recruitment of Civil Judges, under the recruitment notification was to be made from two categories of candidates viz., (a) in-service candidates (b) candidates other than in-service candidates (i.e. Direct Recruitment). The APPs were excluded from being considered under "in-service candidates" though members of other cadres working in the High Court and subordinate Courts were listed as in-service candidates.

The applications filed by the appellants are not considered on the ground that they do not fulfill the requisite qualifications prescribed for either of the two categories.

3. Aggrieved by the said recruitment notification and act of the State in not considering their applications for appointment, the appellants herein and certain others approached this Court in Writ Petition No.18428/2012 c/w W.P. Nos.6380/2012, 11611-11621/2012 and 38597- 38600/2011 praying for following reliefs:

"a. Issue an appropriate writ, order or direction:

i. Declaring the Resolution, dated 22.4.2011 of respondent No.1, based on which APPs are being denied the opportunity to be considered for appointment as Civil Judges under the Karnataka Judicial Service (Recruitment) Rules, 2004, in Annexure-A as amended by the Karnataka Judicial Service (Recruitment) (Amendment) Rules, 2011, in Annexure-E as illegal and void.

ii. Striking down the provisions under Serial No.3, Rule 4 of the Karnataka Judicial Service (Recruitment) Rules, 2004, in Annexure-A as inserted by the Karnataka Judicial Service (Recruitment)(Amendment) Rules, 2011, in Annexure-E as violative of Article 14, 16(1), 19(1)g and 21 of the Constitution of India, insofar as, it denies APPs the opportunity to be considered for appointment as Civil Judges.

iii. In the nature of certiorari, quashing the recruitment Notification No.CJRC.1/2010, Bangalore, dated 6.8.2011, in Annexure-G issued by respondent No.1, as violative of Article 14, 16(1), 19(1)(g) and 21 of the Constitution of India, insofar as, it denies APPs the opportunity to be considered for appointment as Civil Judges.

iv. Declaring all the letters, bearing the common date, 17.2.2012, by respondent no.1 to the petitioners, such as those shown in Annexure-K to K6 as illegal and void, and

v. In the nature of mandamus to respondent no.1 to consider APPs for appoin































































































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