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2026 Supreme(Online)(Raj) 9297

Ganesh Ram Meena, J
Pratap Singh – Appellant
Versus
Jaipur Development Authority – Respondent
S.B. Civil Writ Petition No. 18266/2025|S.B. Civil Writ Petition No. 6626/2021|S.B. Civil Writ Petition No. 6629/2021|S.B. Civil Writ Petition No. 9107/2021|S.B. Civil Writ Petition No. 9112/2021|S.B. Civil Writ Petition No. 9751/2021|S.B. Civil Writ Petition No. 18267/2025|S.B. Civil Writ Petition No. 18268/2025|S.B. Civil Writ Petition No. 18269/2025|S.B. Civil Writ Petition No. 18270/2025|S.B. Civil Writ Petition No. 18271/2025|S.B. Civil Writ Petition No. 18272/2025|S.B. Civil Writ Petition No. 18273/2025|S.B. Civil Writ Petition No. 18274/2025|S.B. Civil Writ Petition No. 18275/2025|S.B. Civil Writ Petition No. 18321/2025|S.B. Civil Writ Petition No. 18680/2025



Advocates:
For the Appellants/Petitioners: Kamlakar Sharma, Yogesh Kalla, Ranvijay Singh, Dinesh Yadav, Ankit Yadav, R.N. Mathur, Sahil Sharma, Ashish Sharma, Ravi Shanker Sharma, Pawan Sharma, Azad Ahmed
For the Respondents: Abhishek Sharma, Pooja Sharma, Rishabh Khandelwal, Ajay Shukla, Raghav Sharma

State instrumentalities cannot arbitrarily terminate the contractual engagement of legal professionals in violation of their own established terms and conditions. Any such action must be based on a reasonable, informed decision-making process, failing which it is subject to judicial review under Article 14 of the Constitution.

Headnote:(A) Constitution of India - Article 14 - Equality before law - Arbitrariness in public law - Termination of contractual engagements of assistant legal professionals - Engagement orders stipulated removal only upon unsatisfactory work performance - Total absence of any finding regarding unsatisfactory performance or show cause - Termination influenced by external directives despite satisfactory performance reports - Such action is arbitrary and violates the mandate of Article 14 - State and its instrumentalities must act in a bona fide manner and avoid arbitrary exercise of power in contractual matters. (Paras 16, 17, 18, 19, 20, 21)

(B) Judicial Review - Scope of interference - Administrative decisions affecting public interest - Even if the relationship is contractual, state action is subject to judicial review to ensure compliance with the principles of non-arbitrariness and fairness - The court must test the decision-making process for rationality and adherence to established terms and conditions. (Paras 20, 22, 24)

(C) Legal Profession - Status of lawyers in public engagement - Legal professionals engaged by public bodies hold a public office element and possess professional dignity - They cannot be removed at the whims of an authority without a procedure that adheres to transparency and defined conditions. (Paras 30, 31)

Facts of the case:
The petitioners were engaged as assistant legal professionals by a public authority to bridge the gap between internal officers and panel counsel. Engagement orders provided for termination only if work performance was found to be unsatisfactory. Without any negative reports or performance reviews, the authority cancelled the engagements of all such professionals following high-level executive directions. The petitioners challenged these orders, asserting they were arbitrary and politically motivated.

Findings of Court:
The court found that the authority failed to produce any record indicating the petitioners' work was unsatisfactory. The respondents failed to adhere to the terms of engagement, which required a report of unsatisfactory performance as a prerequisite for removal. The court observed that the removal was an arbitrary exercise of power.

Issues: Whether the cancellation of the legal professionals' engagement was arbitrary and violative of the principles of natural justice and Article 14 of the Constitution.

Ratio Decidendi: Where an authority establishes terms and conditions for engagement, it is under a public law obligation to act within those bounds. When the rules stipulate termination on the ground of unsatisfactory performance, the failure to record such a reason, coupled with the lack of material supporting the removal, renders the state action arbitrary and subject to judicial intervention.

Result: Writ petitions allowed; termination orders quashed; authority directed to formulate a comprehensive policy for future engagements.

Table of Content
1. factual background leading to the writ petitions challenging termination of assistant advocates. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. arguments concerning arbitrariness of removal versus contractual nature of engagement. (Para 8 , 9 , 10 , 11 , 12 , 13)
3. duty of state instrumentalities to adhere strictly to internal engagement/disengagement guidelines. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21)
4. judicial review of administrative discretion and the protections afforded to legal professionals under article 14. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32)
5. order to quash termination and directions for a comprehensive engagement policy for legal counsel. (Para 33 , 34 , 35 , 36)

1. Since a common question is involved in all these writ petitions, hence, they are being decided by this common order.

2. The dispute which has been brought before this Court by filing all these writ petitions is with regard to removal of Assistant Advocates appointed/ engaged by the respondent-Jaipur Development Authority (for short ‘the JDA’) so as to coordinate in between the office of the JDA and the Panel Counsels of the JDA, to submit the reply on behalf of the JDA well in time. The engagement of the Assistant Advocates has been made because of the scarcity of Law Officers in the JDA.

3. In-stead of recording the facts of each and every case, for consideration of the dispute, the Court deems proper to record the facts of S.B. Civil Writ Petition No.18266/2025.

4. The JDA issued an office order dated 11.09.2009 (Annex.15 in the writ petition) so as to engage the Assistant Advocates in the JDA to coordinate amongst the Officers-in charge and the Panel Counsels of the JDA. The order dated 11.09.2009 contains the work to be performed by the Assistant Advocates and the eligibility for engagement. The said order also contains that in case the work performance of the Assistant Advocates is not found to be satisfactory, they can be removed without any notice.

5. Another order dated 22.05.2014 (Annex.2 in the writ petition) was also issued by the JDA superseding the earlier orders wherein also they have incorporated condition No.7 that if the work performance of the Assistant Advocates is not found to be satisfactory, they can be removed on the report of the Zone Commissioner.

6. Another order dated 18.05.2022 (Annex.5 in the writ petition) was also issued by the JDA wherein also the similar provisions were incorporated.

7. The petitioner- Pratap Singh was engaged as an Assistant Advocate vide order dated 21.12.2009 on consideration of his application submitted in furtherance of the order dated 11.09.2009. Though in the order of engagement/ appointment dated 11.09.2009, no specific period for which he has been engaged, is mentioned. However, the petitioner- Pratap Singh continued for a long and his engagement was cancelled vide order dated 14.11.2025 and by the same order other petitioners who were engaged as Assistant Advocates by the JDA, their engagement was also cancelled. The petitioner by filing the present writ petition has assailed the order dated 14.11.2025 to the extent of cancellation of his engagement as an Assistant Advocate and similarly in other petitions the petitioners therein have challenged the cancellation of their engagements.

8. Shri Kamlakar Sharma Senior Advocate assisted by Mr. Yogesh Kalla and Mr. Ranvijay Singh, learned counsels appearing for the petitioners submitted that the order of cancelling the engagement / appointment of the petitioners as Assistant Advocates is wholly illegal, arbitrary and violative of principles of natural justice and is contrary to the terms and conditions as provided in the orders issued by the respondent- JDA time to time. He submitted that the orders issued by the JDA provide for cancelling the engagement or removal of Assistant Advocates in case their work performance is not found to be satisfactory in the report of Zone Commissioner.

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