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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ, R. MAHADEVAN, ACJ.
D. Almas Banu – Appellant
Versus
Tamil Nadu Public Service Commission, rep. By its Secretary – Respondent
| Table of Content |
|---|
| 1. challenge to eligibility for legal post due to employment. (Para 1) |
| 2. background on the appellant's qualifications. (Para 2) |
| 3. court's analysis of the learned judge's findings. (Para 3) |
| 4. appellant's arguments against the learned judge's ruling. (Para 4) |
| 5. respondents' defense supporting the learned judge's ruling. (Para 5) |
| 6. court's discussion on public prosecutor's role and expectations. (Para 6 , 7) |
| 7. role and qualifications of the assistant public prosecutor. (Para 8 , 9) |
| 8. eligibility criteria and its strict interpretation. (Para 10 , 11 , 12 , 13) |
| 9. conclusion reached regarding dismissal based on eligibility. (Para 15) |
| 10. interpretation of rule 49 concerning employment and practice. (Para 16 , 19) |
| 11. distinction between attending and conducting cases. (Para 18 , 20) |
| 12. conclusion on the necessity of experience in practice. (Para 22 , 23) |
| 13. final ruling and dismissal of the appeal. (Para 24) |
JUDGMENT :
MOHAMMED SHAFFIQ, J.
1. The present writ appeal is filed challenging the order of the learned Single Judge dated 22.02.2022 in W.P.No. 32753 of 2022 insofar as it finds that the appellant herein is not eligible to apply for the post of Assistant Public Prosecuto
Eligibility criteria for public service roles must be strictly adhered to, requiring ongoing active legal practice as defined in notifications and Bar Council rules.
The demand for court orders by the State Govt. from selected candidates for the posts of ADAs and DDAs was not sustainable in law, arbitrary, and unjustified.
The eligibility criterion of 'having been continuously practicing as an Advocate for not less than seven years' as per Rule 9(2) of the DHJS Rules does not require an inquiry into the specific functi....
The State Government must conform to statutory procedures when making appointments to public offices to ensure the rule of law is upheld.
The court affirmed that the recruitment process must adhere to the established criteria without post-selection alterations by the State, emphasizing the Commission's authority in candidate selection.
The requirement of continuous practice for seven years under Rule 9(2) of the Delhi Higher Judiciary Services Rules aligns with Article 233(2) of the Constitution, validating the rule's constitutiona....
The eligibility of any candidate is to be reckoned from the date of the selection and appointments made in contravention of the statutory provisions are void ab initio.
Point of Law : Imposing a condition of minimum Bar practice in Criminal Courts on the Assistant Public Prosecutors cannot stand the scrutiny of law.
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