Notification Inviting Applications Only For Government Pleader Cannot Be Used To Appoint Public Prosecutor: Kerala High Court Sets Aside Appointment
While the subject of the notice referred to both the posts of Government Pleader and Public Prosecutor, however, the body of the notification invited applications only for the post of District Government Pleader
The Kerala High Court has set aside the entire appointment of the District Government Pleader and Public Prosecutor for Alappuzha, holding that a notification inviting applications only for the post of Government Pleader cannot be used to make a combined appointment to the post of Public Prosecutor as well.
The Court noted a fundamental defect in the recruitment notification that, while the subject of the notice referred to both the posts of Government Pleader and Public Prosecutor, however, the body of the notification invited applications only for the post of District Government Pleader.
The Bench observed that such ambiguity could mislead eligible candidates, particularly those specialising in criminal law, into believing that a separate recruitment would be conducted for the post of Public Prosecutor.
Justice N. Nagaresh passed the judgment while deciding two writ petitions filed by practising advocates challenging the appointment process initiated through a notification dated 18-12-2024. At the same time, considering administrative continuity, the Court permitted the present incumbent appointed through the impugned process to continue in the post until a fresh selection and appointment are completed.
Therefore, the Bench noted, “True, there was a reference to the post of Public Prosecutor in the “subject” part of the notice. But, in the notice, only the post of District Government Pleader was mentioned. A reading of the notice does not indicate that the appointment was intended to the post of District Government Pleader and Public Prosecutor. Therefore, the notice cannot be treated as one calling applications for the post of Public Prosecutor”.
“The omission in the notice dated 18.12.2024 cannot be condoned because persons like the petitioners might have refrained from applying for the post on the belief that the notice was only for appointment to the post of District Government Pleader. Therefore, even though there is due consultative process in selection, eligible Lawyers have been excluded from consideration as they could not apply for appointment as District Government Pleader and Public Prosecutor”, the Bench further noted.
Advocate B. Pramod appeared for the petitioner and Gracious Kuriakose, Addl. Director General Of Prosecutions appeared for the respondent.
The petitioners contended that the selection violated the Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978, and the statutory scheme governing the appointment of Public Prosecutors under Section 18 of the Bharatiya Nagarik Suraksha Sanhita, 2023. One of the petitioners argued that the selected candidate lacked sufficient experience in conducting serious sessions trials and criminal appeals.
The Court during the proceedings, examined the consultative process undertaken by the District Collector and the District and Sessions Judge while preparing the panel of advocates for appointment. The Court found that the District Judge had scrutinised the credentials of eight advocates, sought reports from Sessions Judges, and interacted with the candidates before recommending a panel of three names. It therefore held that there was no illegality in the consultative process itself.
The Court held that the omission was significant because some eligible advocates may have refrained from applying on the belief that the notification was limited to the Government Pleader post. Consequently, they were effectively excluded from consideration for the Public Prosecutor position.
“…If the notice is for appointment as District Government Pleader alone, the panel of Advocates could not have been prepared for appointment to the post of Public Prosecutor”, the Bench observed.
Accordingly, the Court set aside the entire selection process and the appointment made pursuant to the notification dated 18-12-2024. The State Government and authorities were directed to issue a fresh notification clearly inviting applications for the posts of District Government Pleader and Public Prosecutor and to conduct the selection afresh.
Cause Title: Adv. P. T. Joseph & Anr. v. State Of Kerala & Ors. [Neutral Citation: 2026:KER:16591]
Appearances:
Petitioner: B. Pramod, Athul M.V., Ajay S. Koshy, Advocates.
Respondent: T.B. Hood, M. Isha, Gracious Kuriakose, Addl. Director General Of Prosecutions, Advocates.