Since 2020, No Proposal Received From Delhi Govt For Filling Vacancies Of Public Prosecutors, APPs: UPSC To High Court

The Union Public Service Commission (UPSC) has informed Delhi High Court that no fresh proposal has been received by it from the Delhi Government since 2020 for filling up the vacancies of Public Prosecutors (PP) or Assistant Public Prosecutors (APP).

In a short affidavit filed on February 06, the commission has stated that only one proposal for recruitment to 80 vacancies for post of APPs was received by Delhi Government on October 07, 2020.

“A total of 3,155 candidates applied for the said post and 2,122 candidates appeared in the Recruitment Test held on 19.09.2021,” it said.

The affidavit further states that a total of 261 candidates have been called for interview by the commission, which are scheduled to be held from February 06 till March 01.

The response has been filed before a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad which is hearing a bunch of pleas concerning the issue of vacancies of public prosecutors in trial courts.

The batch of petitions include a suo moto case initiated in 2009 after a letter petition was moved highlighting the issue of undertrials languishing in jail from 5 to 12 years without a trial.

On January 11, Delhi Government’s counsel had submitted that a fresh requisition has been sent to UPSC for filling up 108 vacant posts of Public Prosecutors in the trial courts.

Calling the statement as incorrect, UPSC in its response said:

“It is humbly submitted that the statement made by the counsel of GNCT of Delhi as mentioned in the order dated 11.01.2023 is incorrect and inappropriate in as much as no fresh proposal has been received from the Govt. of NCT of Delhi for filling up either the post of Public Prosecutors or Assistant Public Prosecutors in GNCT of Delhi.”

The commission has also said that it has always tried to complete the recruitment process as expeditiously as possible and that the current process is “likely to culminate in a final result very soon” by next month.

During the hearing today, Delhi Government’s counsel submitted that in 135 trial courts in the national capital, a total of 42 public prosecutors have been appointed and 72 are working on ad-hoc basis.

“There has been some lethargy but steps are being taken to fill the same. Today the vacancy is not as larger as it is being projected. 72 contractual appointments have been made. A total of 114 posts are in place. I am not saying that things are very rosy but we are trying to put out house in order….efforts are being taken in consultation with UPSC.”

While listing the matter on March 15, the court directed UPSC and Delhi Government to file fresh status reports regarding the recruitment process.

Earlier, the court had observed that the criminal justice system is already plagued with a “huge backlog of cases” which can be remedied only if vacancies of Public Prosecutors are filled up at the earliest.

In December 2019, it had directed that the recruitment process for the posts of Assistant Public Prosecutors as well as for the recruitment of Additional Public Prosecutors shall be carried out in accordance with the recruitment rules.

Case Title: COURT ON ITS OWN MOTION v. State