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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 :
N. NAGARESH, J.
1. Both these writ petitions have been filed by practicing Lawyers challenging the selection for appointment to the post of Government Pleader / Public Prosecutor.
2. In W.P.(C) No.16469 of 2025, the petitioner is a Lawyer practicing in different Courts in Alappuzha District. The petitioner has 25 years of practice. Ext.P2 notice dated 18.12.2024 was issued inviting application for the post of Government Pleader / Public Prosecutor. As the petitioner satisfies the eligibility conditions prescribed in the notice, he submitted Ext.P3 application.
3. The petitioner states that the District Judge did not offer any specific comment
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 ....
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....
The court ruled that the appointment of the Director of Prosecution is not limited to the prosecution cadre, and the amendments to the rules do not violate the provisions of the Cr.P.C.
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