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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SHREE CHANDRASHEKHAR, REKHA BORANA, JJ.
Ishwar Prasad S/o Shri Ganpat Lal Ji – Petitioner
Versus
The State of Rajasthan – Respondent
D.B. Civil Writ Petition No. 5313 of 2024
Decided On : 03-12-2024
(A) Rajasthan Law and Legal Affairs Department Manual, 1999 - Rajasthan State Litigation Policy, 2018 - Appointment of Additional Advocate Generals and Law Officers - The petitioner challenges the circulars dated 12th February 2024 and 12th March 2024 as arbitrary and illegal, claiming violation of established procedures and lack of reservation for certain classes. The court discusses the nature of appointments, emphasizing that they are professional engagements and not employment under the State, thus not subject to the same rules. The court finds that the appointments were made following the necessary consultations and procedures, dismissing the petitioner's claims of illegality. (Paras 1-23)
(B) Public Interest Litigation - The court emphasizes that public interest litigation should not be misused for personal motives or publicity. The petitioner's lack of standing and the absence of genuine public interest in the case are highlighted, leading to the dismissal of the writ petition. (Paras 14-22)
JUDGMENT :
SHREE CHANDRASHEKHAR, J.
1. In this writ petition, the petitioner seeks to challenge appointment of the Additional Advocate Generals and Law Officers made through the circulars dated 12th February 2024 and 12th March 2024 which in his opinion have been issued ignoring the judgment in State of Punjab & Anr. v. Brijeshwar Singh Chahal & Anr. (2016) 6 SCC 1.
2. The petitioner has labeled the circulars under challenge as arbitrary and illegal on the ground that the orders are issued for engagement of the Additional Advocate Generals and Law Officers without following the mandate and procedure laid down under the Rajasthan Law and Legal Affairs Department Manual, 1999 (in short ‘Rajasthan Manual’) and the Rajasthan State Litigation Policy, 2018. The petitioner lays a challenge to the circulars dated 12th February 2024 and 12th March 2024 also on the ground that appointment of the Additional Advocate Generals and Law Officers was made without wide publicity through advertisement in the local newspapers and inviting applications for such posts and mere recommendation of the Advocate General would not suffice. The petitioner criticizes the action of the respondent-State in invalidating the provisions under Chapter 14 of the Rajasthan State Litigation Policy and section 4 of the Rajasthan Scheduled Castes, Scheduled Tribes, Backward Classes, Special Backward Classes and Economically Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in the Services under the State) Act, 2008 and not providing reservation to this class of persons while making appointments of the Law Officers. The petitioner claims that he is a renowned social worker and whistle blower who as its national president is leading “Lashkar-E-Hind” that has thousands of members all over the country. According to the petitioner, Lashkar-E-Hind is a non-government organization with aims and objects of fighting crime, corruption and terrorism and is registered with the office of the Assistant Charity Commissioner, Thane under the Maharashtra Cooperative Societies Act, 1860 and the Bombay Public Trust Act, 1950. The petitioner states that he has filed this writ petition in his individual capacity and on behalf of Lashkar-E-Hind. He further claims that he made a thorough research and has reasonable knowledge of law and he is a public-spirited retired person who has filed many petitions in the High Court and Supreme Court and succeeded in his efforts to further the public interest. He further states that he has filed this writ petition pro bono to achieve the constitutional mandate under Article 14 of the Constitution of India inasmuch as the respondent-State has violated the Rajasthan State Litigation Policy in making appointment of the Law Officers.
3. The petitioner has made the following prayers in this writ petition:
(b) Be pleased to declare that the Circulars/orders dated 12.02.2024 and dated 12.03.2024, issued by the Respondent state for the appointment of law officers (Addl. Advocate General and state counsel) for the state to represent in High Court and Supreme Court are arbitrary and without the established procedure of law as laid down in Chapter 14 of the Rajasthan Litigation Policy, 2018, and the same is violation of Article 14 of the constitution of India.
(c) Be pleased to Issue a writ of QUO-WARRANTO or in the nature thereof or any other writ or order to quash and set aside the Circulars dated 12.02.2024 and the circulars dated 12.03.2024, issued by the Respondent no. 2 for the appointment of the Law officers (Addl. Advocate General and State Counsel) for the state; d. Be pleased to issue directions against the state Respondent to keep seats reserved for the members of the Schedule Castes Schedule Tribes, Backward Classes special Backward Classes and Economically Backward Classes as per the ratio given under section 4 of the Raj
The court ruled that the appointment of Additional Advocate Generals is a professional engagement, not subject to employment laws, and the petitioner's claims lacked merit.
The court upheld the validity of the appointment of Additional Advocate General under the amended State Litigation Policy, emphasizing the discretion of the State in appointing counsel based on exper....
The Rajasthan State Litigation Policy, 2018, is not enforceable as law; thus, the appointment of public advocates is at the State's discretion without rigid qualification requirements.
The State Litigation Policy, lacking statutory character, does not establish enforceable rights, and a writ of quo warranto is not applicable unless statutory provisions are violated.
: 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.....
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