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2013 Supreme(Kar) 822

MOHAN M.SHANTANAGOUDAR, H.N.NAGAMOHAN DAS
Rajashekar M. Tilanganji – Appellant
Versus
High Court of Karnataka – Respondent


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

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







































































































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