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2018 Supreme(Mad) 1365
IN THE HIGH COURT OF JUDICATURE AT MADRAS
INDIRA BANERJEE, ABDUL QUDDHOSE, JJ.
V. Vasanthakumar – Petitioner
Versus
The Chief Secretary, Chennai – Respondent
W.P. No. 12951 of 2017
Decided On : 28-04-2018
For the Petitioner: Mr. V. Vasanthakumar.
For the Respondents: Mr. C. Manishankar, Mr. T.N. Rajagopalan.
Headnote:
Madurai (Appointment) Rules, 2017 – Appointment of Law Officers – In this writ petition, in public interest, petitioner, a practising advocate, has challenged the Appointment of Law Officers of High Court of Madras and its Bench at Madurai (Appointment) Rules, 2017, published in the Government Extraordinary Gazette – Petitioner has also sought an order of injunction restraining the respondents from appointing law officers to represent the State of Tamil Nadu before the Constitutional Courts, Subordinate Judiciary, Professionals vis-a-vis Judicial Forums, Local Authorities, Public Bodies and other authorities without following a transparent procedure, pending disposal of the writ petition. – Held, In this case, under the 2017 Rules, the Advocate General forwards the names of eligible candidates, after which a Selection Committee comprising the Advocate General and three Secretaries of the State Government make the selection. Selection is made by a panel and not by the Advocate General alone. – Rules, however, do not contain any guidelines with regard to the mode and method of selection from out of the eligible candidates forwarded by the Advocate General. – Court direct the State to formulate and/or frame definite guidelines for the manner and/or criteria of selection of advocates to the post of Government Law Officers and in particular, the mode of giving weightage to Court appearances, advocacy, legal acumen, quality of drafting pleadings, reported and unreported judgments, academic background, integrity, behaviour, general reputation, etc. for all future appointments and as and when Government law officers are selected, applications should be invited from eligible advocates by putting up notices in the recognised Bar Associations. – Since the 2017 Rules only deal with appointment of law officers to the High Court, court need not concern ourselves with the appointment of law officers in the Subordinate Courts in this writ petition. – Writ Petition Disposed of
1. In this writ petition, in public interest, the petitioner, a practising advocate, has challenged the Appointment of Law Officers of High Court of Madras and its Bench at Madurai (Appointment) Rules, 2017, hereinafter referred to as 2017 Rules, published in the Government Extraordinary Gazette No. 119 dated 29.04.2017.
2. The petitioner has also sought an order of injunction restraining the respondents from appointing law officers to represent the State of Tamil Nadu before the Constitutional Courts, Subordinate Judiciary, Professionals vis-a-vis Judicial Forums, Local Authorities, Public Bodies and other authorities without following a transparent procedure, pending disposal of the writ petition.
3. Some of the relevant provisions of the 2017 Rules are set out herein-below for convenience:
“2. Definitions - In these rules unless the context otherwise requires:-
(a) Additional Advocate General means an Advocate appointed by the Government to conduct such case as may be entrusted to him for and on behalf of the State in the High Court.
(b) Additional Government Pleader means an Advocate appointed by the Government to assist the Advocate General, Additional Advocate General, Government Pleader or a Special Government Pleader or to conduct such civil cases as may be entrusted to him for and on behalf of the State in the High Court.
(c) Additional Public Prosecutor means an Advocate appointed as an Additional Public Prosecutor under section 24 of the Code of Criminal Procedure, 1973 for the High Court.
.......
(i) Public Prosecutor means an Advocate appointed as the Public Prosecutor under section 24 of the Code of Criminal Procedure for the High Court.
(j) Selection Committee means the Committee constituted to select the eligible persons for appointment as Law Officers.
(k) Special Government Pleader means an Advocate appointed by the Government to assist the Advocate General and to conduct civil cases as entrusted to him for and on behalf of the State in the High Court.
3. Set-Up In the High Court - (1) Besides the Advocate General there shall be the following categories of Government Law Officers in the High Court, namely:-
(i) Additional Advocate General
(ii) Public Prosecutor
(iii) Additional Public Prosecutor
(iv) Government Pleader
(v) Special Government Pleader
(vi) Additional Government Pleader
(vii) Government Advocate
(2) The number of Law Officers in Categories (i), (iii), (v), (vi) and (vii) of sub-rule (1) shall be such as may be fixed by the Government from time to time.
4. Eligibility of Government Law Officers - Subject to rule 8, no person shall be eligible for appointment in the High Court:-
(i) (a) as an Additional Advocate General unless he has been in practice as an Advocate for not less than ten years out of which a minimum of not less than seven years in the High Court.
(b) as a Public Prosecutor unless he has been in practice as an Advocate for not less than ten years out of which a minimum of not less than seven years in the High Court.
(c) as a Government Pleader unless he has been in practice as an Advocate for not less than ten years out of which a minimum of not less than seven years in the High Court.
(d) as a Special Government Pleader unless he has been in practice as an Advocate for not less than ten years out of which a minimum of not less than seven years in the High Court.
(e) as an Additional Government Pleader unless he has been in practice as an Advocate for not less than seven years out of which a minimum of not less than five years in the High Court.
(f) as a Government Advocate unless he has been in practice as an Advocate for not less than five years out of which a minimum of not less than three years in the High Court.
(ii) unless he is a Citizen of India.
(iii) unless he has obtained a Law Degree from a University in India Recognised by Bar Council of India after undergoing the Law Course.
(iv) if he is convicted by a Court of Law to be involved in an act of moral turpitude.
5. Method of Appointment of Gov
