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1972 Supreme(All) 62

A.K.KIRTY, G.C.MATHUR
The State of U. P. – Appellant
Versus
Bhola Nath Srivastava – Respondent


Advocates:
Standing Counsel, for Appellant; V.K. Mehrotra, P.C. Srivastava and V.K. Khanna, for Respondents.

Judgement

G. C MATHUR, J. :- These three special appeals have been filed by the State Government against the judgment of a learned Single Judge allowing three writ petitions. All the three writ petitions were filed by Sri Bhola Nath Srivastava, an Advocate of this Court. By one writ petition he challenged the appointment of Sri Rishi Ram as Government Advocate; by the second he challenged the appointment of Sri Prem Shankar Gupta as Deputy Government Advocate; and by the third he challenged the appointments of Sarvsri Girdhar Malaviya, V.P. Goel, T.N. Sinha, S.V. Goswami and S.M. Tripathi as Assistant Government Advocates. The writ petitions have been allowed and the notifications appointing these law officers have been quashed on the ground that the appointments were made in violation of the provisions of Article 16(1) of the Constitution inasmuch as no advertisement or notice was issued, before making the appointments, inviting applications from eligible members of the Bar for the appointments.

2. The general instructions relating to the appointment and tenure of law officers of the State of U.P. are given in Appendix 'B' to the Manual of Rules and Orders relating to the Department





















































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