Andhra Pradesh HC Defers Issuance Of Notice To Advocate General In Personal Capacity In Plea Questioning Appointment Of Assistant Government Pleader
The Andhra Pradesh High Court deferred the issuance of notice to the Advocate General arrayed in his personal capacity as well as an Assistant Government Pleader whose appointment is challenged in the writ petition.
However, the petitioner insisted on issuing personal notices. The Court held, “Hence, it is open for the petitioner to take out personal notices to the respondent Nos.4 and 5.”
The petitioner had filed a petition before the Court to challenge the appointment of Assistant Government Pleader on the basis of not meeting the minimum standing at the State Bar as required under the said Andhra Pradesh Law Officers (Appointment and Conditions of Service) Instructions, 2000 (Instructions). However, the State government still appointed the Assistant Government Pleader to assist in a court case.
A Single Bench of Justice B Krishna Mohan, observed, “The issuance of notices to the respondent Nos.4 and 5 from the Registry is deffered for the present, which can be considered after filing of the counters by the official respondents as it also lacks prima facie substantiation of allegations made against them. However the party-in-person insisted to take out personal notice.”
The petitioner, an advocate, had challenged the appointment of the Assistant Government Pleader (AGP), citing concerns over qualifications.
The petitioner contended that the date of enrollment for B.A.LL.B (Hons.) course was not mentioned, raising questions about the minimum standing at the Bar, a requirement under Instructions. According to these instructions, a person is not eligible for the appointment as Assistant Government Pleader unless they have practised as an Advocate of the High Court of Andhra Pradesh at least for a period of 5 years.
On the other hand, the Special Government Pleader argued that the writ petitions cannot be entertained as “unfounded, uncharitable and unwarranted allegations are made without demonstrating any violations of the Rules/instructions regarding the appointments of Law Officers by the Government.”
Cause Title: Gundala Siva Prasad Reddy v. The State of Andhra Pradesh & Ors.
