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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
P.T. Joseph S/o P.J. Thomas – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. overview of writ petitions challenging government appointments. (Para 1 , 2 , 3) |
| 2. petitioners argue eligibility and appointment issues. (Para 4 , 6) |
| 3. responses and counters from government regarding selection process. (Para 7 , 9 , 10 , 11) |
| 4. interpretation of applicable rules and their implications on attorneys. (Para 12 , 13 , 14 , 15 , 20 , 21) |
| 5. petitioners claim notification clarity and legality in selection. (Para 16 , 18 , 19 , 22 , 23) |
| 6. court sets aside selection, directs fresh appointment process. (Para 24) |
JUDGMENT :
1. Both these writ petitions have been filed by practicing Lawyers challenging the selection for appointment to the post of Government Pleader / Public Prosecutor.
3. The petitioner states that the District Judge did not offer any specific comment about five Lawyers who were included in the list forwarded by the District Collector. The District Judge made only a general observations that those Lawyers have no expected experience in conducting trial of Sessions Cases including murder cases and criminal appeals. Finally, the 4th respondent was appointed as Government Pleader / Public Prosecutor.
5. The petitioner in W.P.(C) No.16901 of 2025 is
The court emphasized the need for clear recruitment notifications and adherence to consultative processes in appointing public prosecutors to ensure eligible candidates are not excluded.
: action of the State, thus, must be judged with extreme care and circumspection. It must be borne in mind that the right of the public prosecutor or the district counsel do not flow under a statute.....
The State Government must conform to statutory procedures when making appointments to public offices to ensure the rule of law is upheld.
The appointment of Public Prosecutors must prioritize the District Judge's opinion, governed by Section 24 of the Cr.P.C. and Section 18 of the BNSS, ensuring a fair and competent selection process.
The government holds discretion to terminate appointments of Public Prosecutors without inquiry or specific reasons, provided procedural mandates of applicable instructions are adhered to, maintainin....
Word ‘specific grounds’ mentioned in Rule 8(2)(c) of the Kerala Government Law Officer (appointment and conditions of service) and Conduct of Case Rules, 1978 assumes great relevance as it indicates ....
The petitioner has no right to compel the inclusion of his name in the appointment panel for Assistant Government Pleader, based on lack of standing.
Point of Law : Judicial officer, regardless of her or his previous experience as an Advocate with seven years' practice cannot apply, and compete for appointment to any vacancy in post of District Ju....
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