Allahabad High Court Directs UP Govt To Produce Records Of Selection Process Concerning Engagement Of Govt Counsels In HC

The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla passed this order on a Public Interest Litigation (PIL) plea which was moved last year challenging the appointments of state law officers alleging that the officers were appointed based on the recommendations of Rashtriya Swayamsevak Sangh (RSS).

It is to be noted that hearing the case in October last year, the Court had directed the state government to produce the entire process which may be followed henceforth for the engagement of fresh Government Counsels. The Court had also directed that the procedure adopted on the last three occasions for the engagement of Government Counsels be produced before the Court, except where solitary engagements have been made.

Now, on September 19, the Court directed the State Government to file an affidavit in the light of the directions (specified above) before the next date of listing.

Further, the record relating to the process of selection has also been sought by the Court on the next date fixed through the Secretary, Law. The matter has been posted for further hearing on October 5.

The PIL plea has been moved by Advocates Rama Shankar Tiwari, Shashank Kumar Shukla, and ​​Arvind Kumar through Advocates Alok Kirti Mishra and D.K. Tripathi, further alleging that out of 220 recently appointed officers, many are relatives of dominant politicians in the State and some are relatives of the Judicial officers and few are juniors or followers of Additional Advocate Generals in High Court.

The PIL plea also alleges that some Advocates who are not in regular practice in the High Court at Allahabad or Lucknow nor in Lower Courts have been appointed as State Law Officers/Brief Holders. It has also been stated that some Advocates who have not completed 5 years of practice have also been appointed as State Law Officers/briefholders (Civil and Criminal).

Against this backdrop, the PIL plea seeks to quash the appointments so made to the post of State Law Officers/ Brief Holders (Civil and Criminal) vide UP govt's August 1 Order and it also seeks a direction to the Government to publish a new list and make appointments based on the recommendation of a committee.

It may be noted that the PIL plea has contended that though the UP Govt had given an assurance to the Allahabad High Court that it shall follow the guidelines that have been laid down in the State of Punjab vs. Brijeshwar Singh Chahal and streamline the working of the State Counsel at different levels, however, the plea says, the state failed to do so.

It may further be noted that in the Brijeshwar Singh Chahal case, the Apex Court had laid down the guidelines on the selection of government lawyers. In this case, the Top court had elaborated upon the process of the assessment and selection of the candidate by the credible process.

It was opined therein that the State Government should appoint a committee of officers to carry out the appointment process. The Committee shall consist of a Secretary to the Government Law Department who is generally a Judicial Officer on Deputation with the Government as its Member Secretary.

Case title - Rama Shankar Tiwari Alias Rama Shankar And Others vs. State Of U.P. Thru. Prin. Secy. Law Justice Civil Secret. Lucknow And Others

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