Delhi HC stays advertisement inviting only retired prosecutors to be appointed as APPs
New Delhi: The Delhi High Court on Monday stayed an advertisement issued by the director of prosecution inviting only retired prosecutors for engagement as public prosecutors against 196 vacancies.
The court said it is "not acceptable" and rather "unfortunate" that young lawyers are being deprived of the opportunity.
Justice Sachin Datta issued notices on a petition challenging the August 22 advertisement issued by the director of prosecution, inviting only retired prosecutors for engagement as public prosecutors to fill 196 vacancies on a contractual basis.
The court asked the director of prosecution, Delhi's chief secretary, principal secretary (home) and the Union Public Service Commission (UPSC) to file their responses to the petition within two weeks and listed the matter for further hearing in October.
"The principal secretary (home) of the Delhi government is directed to decide the representation of the petitioner. Till the same is decided by way of a reasoned order, the advertisement shall be kept in abeyance," it said.
Petitioner Vikas Verma, a lawyer, has contended that the advertisement was issued by bypassing the established process of recruitment, that is, through the UPSC or other competent authorities.
Senior advocate Mohit Mathur, appearing in the court on behalf of the petitioner, said neither the director of prosecution nor the Delhi government has the authority to issue the advertisement.
He said the advertisement has kept the posts exclusively for retired prosecutors, thereby shattering the dreams of thousands of young lawyers who are eligible to be appointed as public prosecutors.
"Also, the reservation scheme has been completely ignored, and no reservation has been provided to the marginalised community, from which the petitioner belongs, which has further worsened the recruitment process, therefore making it unconstitutional and invalid," the plea has said.
During the hearing, the judge told the Delhi government's counsel that the city administration is becoming less and less progressive.
"You want to deprive young advocates of this opportunity and appoint retired prosecutors. You ask your chief secretary to resolve this matter positively," he said.
The counsel for the Delhi government said the appointments are being made as an interim measure as there is a shortage of prosecutors.
The counsel contended that the petition relates to a service matter and the remedy lies with the Central Administrative Tribunal (CAT) and not the high court.
The petition says the advertisement inviting only retired prosecutors for appointment on 196 posts of assistant public prosecutors is in gross violation and disregard to the settled principles of law, besides being unconstitutional.
The plea has sought the quashing of the advertisement and a direction to authorities to directly recruit public prosecutors through the statutory means by following the proper selection process of the UPSC.
