The main legal point established in the judgment is that appointments of Government Pleaders made from a panel recommended by the Advocate-General do not violate Art.16 of the Constitution.

1. This writ petition is by an Advocate of this Court for a writ of mandamus directing the State to forbear from making any appointments to the post of Government Pleaders/ Public Prosecutors (including the post of Additional and Junior Government Pleaders) in the High Court without inviting applications from eligible aspirants. As stated in the counter-affidavit filed by the State, appointments to High Court Government Pleaders are governed by certain "Rules" issued in G.O. Ms. 36/66/Law dated 17th June 1966 as amended from time to time. It is said that the "Rules" are not statutory, but are mere instructions in the nature of executive orders intended for purposes of guidance. The statutory nature or otherwise of the "Rules" was not canvassed before us; and by our mere reference to them as "Rules" we shall not be understood as having pronounced upon the same. Arguments before us were on the basis that there was a violation of the fundamental right under Art.16 of the Constitution; and for that, it matters little whether the violation is by a statutory rule or by an executive instruction. In view of the importance of the question raised, and the interests of the profession involved, we issued notices to the President of the Advocates' Association, who appeared in person before us, and to the Bar Council of Kerala, which appeared through Counsel. We are grateful to them for their assistance.

2. The 'Rules' relating to the appointment of Government Pleaders, in so far as they are relevant, are these:

1. In the "High Court there shall be one Government Pleader, one Additional Government Pleader, one Public Prosecutor and one Additional Government Pleader for Labour Law (hereinafter referred to as Standing Lawyers who shall be appointed by Government on the recommendation of the Advocate-General.

2. The term of office of a Standing Lawyer shall ordinarily be for a period of two years. But Government may re-appoint him for further periods not exceeding two years at a time.

3. The services of every person holding the office of Standing Lawyer shall unless Government specifically order otherwise terminate automatically on his attaining the age of 62 years.

4. The Standing Lawyers are to represent Government in all cases in the High Court, where the State is a party. They shall, also attend to such other work as may be assigned to them by the Advocate General or by the Government from time to time.

5. The Standing Lawyers will be attached to the Office of the Advocate-General and they will be subject to the supervision and control of the Advocate-General.

6. The Standing Lawyer will be paid a fixed monthly remuneration of Rs. 1,500 (Rupees one thousand and five hundred only). Over and above the fixed monthly remuneration of Rs. 1,500/ provided above, the Standing Lawyers will be entitled to the fees prescribed under heads B and C of the Schedule in respect of work contemplated thereunder.

7. A Standing Lawyer shall be entitled to travelling allowance and daily allowance at the rate prescribed for First Class Officers of the State. He will not be entitled to any daily allowance when he claims day fee for actual appearance.

8. The Standing Lawyer is debarred

(a) from advising or holding briefs against the Government in any civil or criminal matter.

(b) from giving advice to private parties in cases in which be is likely to be called on to appear or advise Government.

(c) from defending accused persons in criminal prosecutions.

9. The Standing Lawyer is eligible for leave not exceeding that admissible to a full-time temporary or officiating Government servant, subject to the condition that the grant does not involve any extra cost to the Government.

10. The Standing Lawyer is not entitled to any remuneration for preliminary work done in connection with the conduct of a case, enquiry or other matter:

Provided that the Government may, in any special case, having regard to the ardous nature of the work involved in such case, enquiry or other m