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ASHUTOSH SRIVASTAVA, PRITINKER DIWAKER
U. P. State Law Officers Ministerial Staff Association High Court, Allahabad – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. introduction of writ petition and its prayers. (Para 1 , 2) |
| 2. arguments presented by both parties. (Para 3 , 4) |
| 3. impugned rules' examination in light of law. (Para 5 , 6) |
| 4. historical context of the advocate general's role. (Para 7 , 8 , 9) |
| 5. explanation of advocate general's responsibilities. (Para 10 , 11 , 12) |
| 6. nature of fiduciary relationship with the state. (Para 13 , 14 , 15) |
| 7. importance of trust and confidentiality. (Para 16 , 17) |
| 8. state's obligation to support advocate general. (Para 18 , 19 , 20) |
| 9. power of advocate general under specific statutes. (Para 21 , 22 , 23) |
| 10. roles in disciplinary proceedings against advocates. (Para 24 , 25 , 26) |
| 11. implications of administrative support structures. (Para 27 , 28 , 29) |
| 12. impact of service rules on office efficiency. (Para 30 , 31 , 32) |
| 13. consequences of new rules on advocate general's power. (Para 33 , 34 , 35) |
| 14. classification issues and constitutional violations. (Para 36 , 37 , 38) |
| 15. consequences of unreasonable classification. (Para 39 , 40 , 41) |
| 16. legal foundation against discrimination. (Para 42 , 43 , 44 , 45) |
| 17. final decision and order of the court. (Para 46 , 47 , 48) |
JUDGMENT :
By the Court
Amended service rules undermining the authority of the Advocate General violate constitutional provisions under Articles 14 and 165, establishing unreasonable classification and compromising constitu....
The court upheld the validity of the appointment of Additional Advocate General under the amended State Litigation Policy, emphasizing the discretion of the State in appointing counsel based on exper....
The Rajasthan State Litigation Policy, 2018, is not enforceable as law; thus, the appointment of public advocates is at the State's discretion without rigid qualification requirements.
The State Litigation Policy, lacking statutory character, does not establish enforceable rights, and a writ of quo warranto is not applicable unless statutory provisions are violated.
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