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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, ACJ, BALJINDER SINGH SANDHU
Sunil Samdaria S/o Late Shri B.L. Samdaria – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. challenge based on qualifications for appointment. (Para 1 , 2 , 3) |
| 2. court's examination of qualifications under state litigation policy. (Para 4 , 5) |
| 3. policy decisions should not be interfered with by courts. (Para 6 , 8) |
| 4. state litigation policy lacks statutory character. (Para 9) |
| 5. criteria for issuing writ of quo warranto established. (Para 10 , 11) |
| 6. limited circumstances under which quo warranto can be issued. (Para 12 , 13 , 14) |
| 7. distinction between public posts and legal engagements. (Para 15 , 16 , 17 , 18) |
| 8. non-statutory nature of government policies. (Para 19 , 20 , 21) |
| 9. policy is merely a guideline without enforceability. (Para 22 , 23 , 24) |
| 10. enforceability of policy questioned. (Para 25 , 26 , 27) |
| 11. writ of quo warranto not applicable in this case. (Para 28) |
| 12. conclusion: appeal dismissed. (Para 29 , 30) |
JUDGMENT :
SANJEEV PRAKASH SHARMA, ACJ.
1. The appellant by way of this special appeal assails the order dated 04.02.2025 passed by the learned Single Judge whereby, the writ petition preferred by him was dismissed.
2. The appellant is a practicing Advocate and had moved writ petition before this Court in the nature of quo warranto as against t
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.
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 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.
: 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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