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SHREE CHANDRASHEKHAR, REKHA BORANA
Ishwar Prasad S/o Shri Ganpat Lal Ji – Appellant
Versus
State of Rajasthan – Respondent
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 invalida
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.....
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....
The main legal point established is that the reservation policy does not apply to the appointment of Law Officers by the government, as their appointment is not a civil post and the relationship betw....
Engagement of Advocates as Law Officers is a professional arrangement, not subject to Writ Jurisdiction under Articles 14 and 16, affirming the Government's discretion to appoint and terminate withou....
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