The District Judge's opinion must ordinarily prevail in the appointment and renewal of Government Counsels, and termination without following the L. R. Manual is illegal. The court also emphasized the need for competent and honest Government Counsels.

( 1 ) THE judgment will govern all similar petitions listed today before us.

( 2 ) THIS writ petition has been filed against the impugned order dated 22. 2. 2003 Annexure-1 to the writ petition and consequential order dated 4. 3. 2003 Annexure-2 to the writ petition by which his appointment as D. G. C. (Criminal) in District Court, Pilibhit has been terminated. The petitioner has also challenged the selection/appointment on the post of D. G. C. (Crl.) vide order dated 2. 3. 2003 Annexure-16 to the writ petition.

( 3 ) HEARD Counsel for the parties.

( 4 ) IT is alleged in Paragraph 3 of the writ petition that the petitioner was appointed as panel lawyer on 1. 7. 1976 in District Pilibhit and he worked on that post till 1977 after which he worked as A. D. G. C. , till July, 1977. Thereafter he worked as D. G. C. from December, 1979 till october, 1982 whereafter he was promoted as full fledged D. G. C. vide order dated 30. 11. 1984, annexure-3 to the writ petition. It is alleged in Paragraph 4 of the writ petition that his term was extended from time to time and his work was satisfactory. True copy of the confidential reports of the District Judge and District Magistrate are Annexures-4 to 12 of the writ petition. True copy of the renewal orders dated 16. 5. 1994, 14. 5. 1998 and the letter dated 23. 5. 1998 of the district Magistrate are Annexures-13, 14 and 15 of the writ petition.

( 5 ) IN Paragraph 6 of the writ petition it is stated that the petitioner has been removed by the present State Government because he is Thakur by caste and a notification dated 2. 3. 2003 has been issued inviting applications for appointment on the post of A. D. G. C. /d. G. C. Panel lawyers vide Annexurc-16 to the writ petition. It is alleged that the impugned order is malafide.

( 6 ) A counter-affidavit has been filed and we have perused the same.

( 7 ) BEFORE dealing with the facts of the case we may refer to certain provisions dealing with appointment, renewal etc. , of Government Counsels in District Courts in U. P. These are contained in the L. R. Manual, Paragraphs 7. 02 to 7. 05 prescribe the manner of initial appointment.

( 8 ) PARA 7. 06 (1) of the L. R. Manual is as follows : "7. 06. Appointment and renewal.- (1) The legal practitioner finally selected by the Covenant may be appointed District Government Counsel for the year from the date of his taking over charge. "

( 9 ) PARA 7. 06 (2) provides that at the end of the aforesaid period the District Officer shall submit a report on his work and conduct to the L. R. after consulting the District Judge.

( 10 ) THEREAFTER Para 7. 06 (3) states : " (3) The appointment of any legal practitioner as a District Government Counsel is only professional engagement terminable at will on either side and is not appointment to a post under the Government. Accordingly, Government reserves the power to terminate the appointment of any District Government Counsel at any time without assigning any cause. "

( 11 ) PARA 7. 08 of the L. R. Manual states :

"renewal of terms.- (1) At least three months before the expiry of the term of District government Counsel, the District Officer shall after consulting the District Judge and considering his past record of work, conduct and age, report to the Legal Remembrancer, together with the statement of work done by him in form No. 9 whether in his opinion the terms of appointment of such Counsel should be renewed or not. A copy of the opinion of District judge shall also be sent alongwith the recommendation of the District Officer;

(2) Where recommendation for the extension of the term of a District Government Counsel is made for a specified period only, the reasons, therefor, shall also be stated by the District officer;

(3) While forwarding his recommendation for renewal of the term of a District Government counsel (i) The District Judge shall give an estimate of the quality of the Counsels work from the judicial stand point, keeping in view the different aspe