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Rajasthan High Court Upholds Appointment of Additional Advocate General

Background

In a significant ruling, the Rajasthan High Court addressed the appointment of Shri Padmesh Mishra as Additional Advocate General for the Government of Rajasthan. The petitioner, Sunil Samdaria, a practicing advocate, challenged this appointment on the grounds that it violated the State Litigation Policy of 2018, specifically regarding the minimum experience requirement of ten years for advocates.

Arguments

The petitioner argued that: - Respondent No. 2, Padmesh Mishra , lacked the requisite ten years of practice as mandated by Clause 14.4 of the State Litigation Policy. - The amendment to the policy, which introduced Clause 14.8 allowing for more flexible appointment criteria, was made arbitrarily and to favor Mishra. - The appointment process did not involve effective consultation with the Advocate General, as required by the policy.

In contrast, the respondents contended that: - The State Government has the discretion to appoint advocates based on their expertise, and the new clause allows for such flexibility. - The appointment was made following proper procedures and with the approval of the Cabinet, thus adhering to the necessary legal frameworks.

Court's Analysis and Reasoning

The court analyzed the arguments presented by both sides, emphasizing that while the State Litigation Policy serves as a guideline, it does not possess statutory force. The court noted that Clause 14.4 does not strictly prohibit the appointment of advocates with less than ten years of experience if the government deems it appropriate based on expertise. The court also highlighted that the amendment to the policy was a legitimate exercise of the State's discretion and did not constitute arbitrary action.

The court further referenced previous judgments that established the nature of appointments for Additional Advocate Generals as not being strictly civil posts, thus allowing the government considerable leeway in making such appointments.

Decision

Ultimately, the Rajasthan High Court dismissed the writ petition, affirming the legality of Padmesh Mishra 's appointment as Additional Advocate General. The court's decision underscores the broad discretion afforded to the State Government in appointing legal counsel, reinforcing the notion that such appointments can be made based on expertise rather than strictly adhering to rigid eligibility criteria.

This ruling has significant implications for future appointments within the legal framework of the Rajasthan government, potentially paving the way for a more flexible approach in selecting legal representatives.