The appointment of Government Pleaders and Public Prosecutors does not constitute a 'service' as understood in common parlance, and therefore, the provisions of reservation and discrimination under Articles 14, 15, and 16 of the Constitution of India do not apply to these appointments.

JUDGMENT - R.G. DESHPANDE, J.:---Through the present petition, the petitioner is asking for the relief that the respondent-State be directed to amend Rule 11 of the Maharashtra Law Officers (Appointment, Conditions of Service and Remuneration) Rules, 1984 (hereinafter referred to as "the Rules" for the purposes of brevity); by providing reservation of seats for various Backward Classes and Tribes, while making the appointments of Government Pleaders and Public Prosecutors. In the alternative, he has asked for the relief in the nature of declaration of Rule 11 as unconstitutional and for striking down the same. He has also prayed the appointment of the respondent No. 2 (now deleted) as Government Pleader in the High Court of Bombay, Bench at Aurangabad, be cancelled. Along with the above-said reliefs, the petitioner also has asked for certain ancillary reliefs.

2. To understand the case of the petitioner and to find out his entitlement for reliefs he has asked for, it would be necessary to narrate the facts of the case, in short.

3. Petitioner, a Scheduled Caste candidate, is practising as an Advocate and is resident of Aurangabad. He claims to be "Mahar" by caste. At the time of filing of the petition, the petitioner had completed about 11 years of his practice in various courts, referred to in his petition including the High Court. The petitioner, at the relevant time, was desirous of working as a Government Pleader or Additional Government Pleader in the High Court or as a Government Pleader, Public Prosecutor or Additional Public Prosecutor in the same Court or as a District Government Pleader/Assistant Government Pleader, in the District Court, Aurangabad.

4. It is necessary to mention that during the relevant period, original respondent No. 2 Shri J.V. Sawant, was appointed as a Government Pleader by the respondent No. 1 State of Maharashtra, to work as such in the High Court of Bombay, Bench at Aurangabad. The petitioner in his petition, challenged the appointment of the respondent No. 2 as a Government Pleader on various grounds. However during the pendency of this petition in the year 1989, the petitioner deleted the name of the respondent No. 2. He also deleted the names of the respondents 3, 4 and 5 who, according to the petitioner, were instrumental for respondent No. 2's appointment as a Government Pleader. In view of this deletion, the various allegations against the respondent Nos. 2, 3, 4 and 5 which are referred to in the petition, now, are not required to be gone into, for the purposes of the decision of the present petition. The petitioner was, however, permitted to amend his petition by an order dated 19-2-1987; whereby he amended the petition by adding paragraphs 16A to 16D. This Court is now, therefore, called upon to give its decision on the grounds which are raised by way of amendment.

5. It is the case of the petitioner that there were directions issued by the State of Maharashtra to all the Government authorities to provide certain percentage of reservation for the Backward Classes, not only at the stage of recruitment but also at the stages of promotions. According to him, necessary concessions with regard to the relaxation of age in the service are also required to be given in favour of those candidates. In short, it is the case of the petitioner that in accordance with the aims and objects of the Constitution of India, the principles of equality as enshrined in Article 16 of the Constitution are to be observed even in the matter of appointment as Government Pleader or Assistant Government Pleader and Public Prosecutors. He argued that to avoid the possibility of any discrimination as is contemplated under Article 15 of the Constitution of India, reservation should have been provided for in the matter of their appointments. In support of his contentions, the petitioner has placed on record a copy of the Government Resolution No. BCC/1072-J dated 3-5-1974. He has also placed on the record a Government

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