JUDGMENT

This writ petition is filed seeking the following prayers:-

“i) declare that Assistant Public Prosecutors/ Deputy Director of prosecution are entitled to be considered as advocates for the purpose of appointment to the post of Special Public Prosecutors in Fast Track Special Courts (Fast Track Special Courts) for expeditious trial of Rape cases and cases registered under POCSO Act proposed to established in the State and further that respondents 1 and 2 are bound to complete the recruitment process under the supervision of the 4th respondent, and in terms of the Protection of Children from Sexual Offences Rules, 2020 alone and not under Section 24 of the Code of Criminal Procedure and Rule 8 of the Kerala Government Law officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978;

(ii) issue a writ of mandamus of any other appropriate writ, order or direction commanding respondents 1 and 2 to give adequate representation to senior grade Assistant Public Prosecutors and Deputy Director of Prosecution in the list of Special Public Prosecutors in Fast Track Special Courts (Fast Track Special Courts) for expeditious trial of Rape cases and cases registered under POCSO Act proposed to established in the State;

(iii) issue a writ of certiorari of any other appropriate writ, order or direction quashing Ext.P2 to the extent that it directs District Judges to forward a list of lawyers eligible to be appointed as Special Public Prosecutors in the newly set up Fast Track Special Courts in their district as per Section 24 of the Code of Criminal Procedure;

(iv) issue a writ of mandamus of any other appropriate writ, order or direction commanding the 1st respondent to consider and pass orders on Ext.P10 representation forwarded to it, as expeditiously as possible and within an outer time limit to be fixed by this Hon'ble Court; and (v) issue a writ of certiorari of any other appropriate writ, order or direction quashing Ext.P11 notification issued by the 1st respondent”

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader as well as the learned counsel appearing for the contesting respondents 6 to 14.

3. The petitioner, which is a registered association of Assistant Public Prosecutors, seeks the declaratory and directory reliefs for a consideration of Assistant Public Prosecutors in the State of Kerala for recruitment as Special Public Prosecutors in the Fast Track Special Courts created for expeditious trial of cases under the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act'). It is submitted that pursuant to directions of the Apex Court, Special Courts for expeditious trial of cases registered under the POCSO Act were set up in the State of Kerala as well. 28 Fast Track Special Courts were set up and the post of Special Public Prosecutor was proposed to be filled up on a contractual basis. By Ext.P1 order dated 06.02.2020, 28 such courts were set up with one Special Public Prosecutor in each such court being appointed on a contract basis. It was provided in Ext.P1 that the appointment of Special Public Prosecutors will be on contract basis and that the selection will be in accordance with the provisions of Section 24 (4) of the Code of Criminal Procedure, 1973 and also as per Section 32 of the POCSO Act, 2012.

4. By Ext.P2, the High Court had directed the functioning of 14 Fast Track Special Courts to be made functional by March, 2020. The District Judges were directed to forward the list of lawyers eligible for appointment as full time Special Prosecutors in the Fast Track Special Courts to the Law Department. Special Prosecutors were to be selected from lawyers practicing in the same district possessing appropriate attitude and temperament to deal with the victims of POCSO Act cases and should preferably be active in issues regarding child rights.

5. It is submitted by the learned counsel for the petitioner that Assistant Public Prosecutor, who