JUDGMENT :

Devashis Baruah, J.

Heard Mr. K.N. Choudhury, the learned Senior Counsel assisted by Mr. K. Kalita, the learned counsel appearing on behalf of the Petitioners. Mr. D. Saikia, the learned Advocate General, Assam assisted by Mr. D. Nath, the learned Senior Government Advocate appears on behalf of the State of Assam. Mr. T.J. Mahanta, the learned Senior Counsel assisted by Mr. P.P. Dutta, the learned counsel; Mr. R. Borpujari, the learned counsel; Mr. G.N. Sahewalla, the learned Senior Counsel assisted by M. Sahewalla, the learned counsel; and Mr. L.R. Mazumder, the learned counsel, appear on behalf of some of the private Respondents.

PREFACE

2. 4 (four) Writ Petitioners have filed the present writ petition assailing the Select List dated 21.11.2025 as well as also challenged the vires of Rule 19(ii) of the Assam State Prosecution Service Rules, 2023 as unconstitutional. In addition to above, the Petitioners have sought for certain consequential reliefs.

3. At the outset, it is relevant to take note of that the Petitioners in the instant writ petition have limited their challenge to the Select List dated 21.11.2025. The challenge to the vires of Rule 19(ii) of the Assam State Prosecution Service Rules, 2023 is not being considered in the present proceedings, inasmuch as the Petitioners have already instituted a separate writ petition, being WP(C) No. 716/2026, challenging the vires of the said Rule, which is presently pending before the learned Division Bench of this Court. The scope of the present proceedings is therefore confined to the selection proceedings and examining the legality and validity of the Select List dated 21.11.2025.

THE ASSAM STATE PROSECUTION SERVICE RULES, 2023

4. The State of Assam, in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, read with Sections 24 and 25 of the Code of Criminal Procedure, 1973, framed a set of Rules namely, the Assam State Prosecution Service Rules, 2023 (for short, "the Rules of 2023"). These Rules were notified on 07.12.2023.

5. Rule 2 of the Rules of 2023 contains the various definitions. Rule 2(h) of the said Rules of 2023 defines the term “Selection Board”, to mean the Selection Board constituted as per the provisions of the Rules of 2023. The term “Service” has been defined in Rule 2(i) of the Rules of 2023 to mean the Assam State Prosecution Service.

6. Rule 3 of the Rules of 2023 stipulates the “Cadre of Service” and provides that the Assam State Prosecution Services shall consist of the following categories of posts: (i) Public Prosecutor; (ii) Additional Public Prosecutor and; (iii) Assistant Public Prosecutor.

7. Rule 4 of the Rules of 2023 sets down the powers and functions of the 3 (three) categories of posts i.e., Public Prosecutor; Additional Public Prosecutor and; Assistant Public Prosecutor, and the same are reproduced herein under:

From a perusal of the above quoted Rule, it would show that the three categories of posts required persons to be employed who have expertise to exercise the powers and perform the functions.

8. Rule 5 of the Rules of 2023 is with the heading “Method of Appointment”. A perusal of Rule 5 of the Rules of 2023, would show that 75% of the posts of Public Prosecutor are to be filled by direct recruitment through Selection Board from Advocates basically on the criminal side having not less than 8 (eight) years of experience at the Bar. The remaining 25% of the posts shall be filled up by promotion from the cadre of Additional Public Prosecutor with service of not less than 7 (seven) years of service.

Insofar as the posts of Additional Public Prosecutor are concerned, 75% are to be filled up by direct recruitment through Selection Board from Advocates, basically on the criminal side, having not less than 7 (seven) years of experience at the Bar. The remaining 25% are to be filled up by promotion from the cadre of Assistant Public Prosecutor with service of not less than 7 (seven) years of service.

The pos