The main legal point established in the judgment is that the appointments of law officers were made in accordance with the legal provisions, and the consultation of the Sessions Judge is not a requirement as per the amended provisions.

Arun D. Upadhye, J.

1. Heard. Rule. Rule made returnable forthwith. The public interest litigation is heard finally with the consent of the learned Counsel for the parties.

2. The petitioner has filed this public interest litigation under Article 226 of the Constitution of India and prayed following reliefs:

“(i) To entertain this petition as Public Interest Litigation. (ii) Quash and set aside the notifications dated 23/03/2016, 03/05/2016 and 10/05/2016 (Annexure-N) issued by the respondent no.1.

(ii) Direct the respondent No.1 to cancel the appointments of the respondent No.4 to 12.”

3. The present writ petition is registered as Public Interest Litigation. The petitioner is a citizen of India and resident of Katlabodi, Tah. Korpana, District Chandrapur. He claims to be social worker and has no any personal interest in the subject matter of the petition.

4. Respondent no.1 is State of Maharashtra and respondent no.3 is Collector and District Magistrate, Chandrapur. Respondent nos.5 to 12 are appointed as District Government Pleader and Public Prosecutor and Assistant Government Pleaders and Additional Public Prosecutors of District Chandrapur.

5. The petitioner has submitted that on 16/9/2015, Legal Advisor and Joint Secretary, Law and Judiciary Department, Mumbai vide letter No.DGP2015/CR84/Desk14, dated 16/3/2015 invited panel of Advocates for appointment of candidates on the post of Public Prosecutors and Additional Public Prosecutors from all Districts and Sessions Courts except Mumbai area under the provisions of Order XXVII of Code of Civil Procedure, 1908, Section 24 (3) of the Code of Criminal Procedure and Rule 13 of the Maharashtra Law Officers (Appointment, Conditions of Service and Remunerations) Rules, 1984 and amendment made vide Notification dated 3/2/2015 and corrigendum to this Notification dated 13/2/2015. It is further submitted that on 17/3/2015 the respondent no.3 – District Magistrate, Chandrapur vide letter bearing No.MAG/KARYA8/T1/2015/98 sent a letter to the President of Bar Association of the District for inviting applications for the appointment of lawyers on the post of District Government Pleader and Public Prosecutor and Assistant Government Pleader and Additional Public Prosecutor in the District of Chandrapur. In the said letter the District Magistrate has mentioned the eligibility criteria and qualification for the lawyers applying for the said post. The proforma application form to be filled by the candidates was uploaded on website, i.e., form – I and the copy of proforma A1 to be filled in by the Principal District Judge and copy of the proforma – A to be filled in by the District Magistrate.

6. The petitioner further submitted that respondent no.3 published list of the candidates who are eligible and who are not eligible for the post of Public Prosecutor and Additional Public Prosecutor. It is submitted that out of 14 candidates for one post of District Government Pleader and Public Prosecutor three candidates were selected after interview and out of 61 candidates for the eight posts of Additional Public Prosecutor and Assistant Government Pleader 24 candidates were selected after interview. The petitioner has contended that three candidates who were selected after interview for one post of the District Government Pleader and Public Prosecutor were (1) Advocate Ambatkar (2) Advocate Munghate and (3) Advocate Ghattuwar. According to petitioner, proforma A1 which was filled in and signed by the Principal District and Sessions Judge at Chandrapur giving details about the general reputation, remarks about suitability for the appointment of candidate as District Government Pleader and Public Prosecutor, experience, knowledge of law, performance and conduct. It is submitted that it is mentioned in the said proforma A1 that Advocate Shri Sharadchandra Rajeshwar Ambatkar is most suitable