Court Orders Fresh Notification Following Procedural Irregularities in Selection Process
The Kerala High Court has nullified the appointment of the District Government Pleader and Public Prosecutor for Alappuzha, citing procedural irregularities in the notification and selection process. The judgment, delivered by Justice N. Nagaresh, addresses two writ petitions challenging the selection procedure under the Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978.
The court found that the notification issued on December 18, 2024, lacked clarity regarding the appointment process, which led to the exclusion of eligible candidates. The petitioner, Adv. P.T. Joseph, argued that the notice was ambiguous and did not clearly indicate the selection was for both the positions of District Government Pleader and Public Prosecutor, causing confusion among applicants.
The court emphasized the importance of the consultative process in the appointment of Public Prosecutors, as outlined in Section 18 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It highlighted the necessity for the District Judge's opinion to be given primacy in such processes, a mandate that was scrutinized and upheld by the court.
Justice Nagaresh noted that while the District Judge had conducted a consultative process, the procedural flaws in the notification could not be overlooked. The court observed that the notice only explicitly mentioned the post of District Government Pleader, leading potential candidates to believe a separate notification would follow for the Public Prosecutor position.
In response to these findings, the court set aside the entire selection and appointment process, directing the issuance of a fresh notification that clearly delineates the positions available. Until the new selection process is completed, the current incumbent will continue to serve in the role.
This decision underscores the judiciary's role in ensuring transparency and fairness in government appointments, emphasizing the need for clear communication and adherence to statutory requirements.
Bottom Line:
Selection and appointment to the post of District Government Pleader and Public Prosecutor must follow proper notification and consultative process to ensure participation of all eligible candidates.
Statutory provision(s): Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978 - Rule 7, Rule 8; Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 18
Adv. P.T. Joseph v. State of Kerala, (Kerala) : Law Finder Doc id # 2860002
