The state and its instrumentalities must act reasonably and in good faith when terminating contractual engagements. An arbitrary decision to terminate services without demonstrating specific grounds for removal, or contrary to the entity's own established internal guidelines, constitutes a violation of the constitutional mandate against discriminatory or unreasonable state action.

ORDER :

GANESH RAM MEENA, J.

1. Since a common question is involved in all these writ petitions, hence, they are being decided by this common order.

2. The dispute which has been brought before this Court by filing all these writ petitions is with regard to removal of Assistant Advocates appointed/ engaged by the respondent-Jaipur Development Authority (for short ‘the JDA’) so as to coordinate in between the office of the JDA and the Panel Counsels of the JDA, to submit the reply on behalf of the JDA well in time. The engagement of the Assistant Advocates has been made because of the scarcity of Law Officers in the JDA.

3. In-stead of recording the facts of each and every case, for consideration of the dispute, the Court deems proper to record the facts of S.B. Civil Writ Petition No.18266/2025.

4. The JDA issued an office order dated 11.09.2009 (Annex.15 in the writ petition) so as to engage the Assistant Advocates in the JDA to coordinate amongst the Officers-in- charge and the Panel Counsels of the JDA. The order dated 11.09.2009 contains the work to be performed by the Assistant Advocates and the eligibility for engagement. The said order also contains that in case the work performance of the Assistant Advocates is not found to be satisfactory, they can be removed without any notice.

5. Another order dated 22.05.2014 (Annex.2 in the writ petition) was also issued by the JDA superseding the earlier orders wherein also they have incorporated condition No.7 that if the work performance of the Assistant Advocates is not found to be satisfactory, they can be removed on the report of the Zone Commissioner.

6. Another order dated 18.05.2022 (Annex.5 in the writ petition) was also issued by the JDA wherein also the similar provisions were incorporated.

7. The petitioner- Pratap Singh was engaged as an Assistant Advocate vide order dated 21.12.2009 on consideration of his application submitted in furtherance of the order dated 11.09.2009. Though in the order of engagement/ appointment dated 11.09.2009, no specific period for which he has been engaged, is mentioned. However, the petitioner- Pratap Singh continued for a long and his engagement was cancelled vide order dated 14.11.2025 and by the same order other petitioners who were engaged as Assistant Advocates by the JDA, their engagement was also cancelled. The petitioner by filing the present writ petition has assailed the order dated 14.11.2025 to the extent of cancellation of his engagement as an Assistant Advocate and similarly in other petitions the petitioners therein have challenged the cancellation of their engagements.

8. Shri Kamlakar Sharma Senior Advocate assisted by Mr. Yogesh Kalla and Mr. Ranvijay Singh, learned counsels appearing for the petitioners submitted that the order of cancelling the engagement / appointment of the petitioners as Assistant Advocates is wholly illegal, arbitrary and violative of principles of natural justice and is contrary to the terms and conditions as provided in the orders issued by the respondent- JDA time to time. He submitted that the orders issued by the JDA provide for cancelling the engagement or removal of Assistant Advocates in case their work performance is not found to be satisfactory in the report of Zone Commissioner. He also submitted that as per document Annex.13 dated 11.11.