1 D.B. CIVIL WRIT PETITION NO.459/2008 Suresh Bundela Vs. State and Ors. DATE OF ORDER :: 23-01-2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE R.M. LODHA Mr. R.N. Mathur, for the petitioner. Heard Mr. R.N. Mathur, learned counsel for the petitioner. This writ application substantially has been filed for issuance of a direction upon the State of Rajasthan to frame scheme for appointment of Government advocates and Panel lawyers to conduct the cases of the State Government. The subject matter, in our view cannot be debated in writ jurisdiction under Article 226 of the Constitution as engagement of lawyer by the State Government is its prerogative and the State Government may engage the lawyer of its choice like the ordinary litigants. This matter has not come up for the first time before this Court. Rather, it appears that the matter had also come up earlier before this Court where a direction was issued to the State of Rajasthan to come out with scheme for appointment of Government lawyers. 2 The matter went up to Supreme Court and the question was set at rest by the Apex Court by saying that it is not the function of the Courts to lay down the conditions for selection of Government counsel/advocates. The appointment of Government advocates being a prerogative of the State Government, the Courts need not interfere in the matter regarding the procedure adopted by the State Government to engage its own lawyer. In view of the aforesaid observations made by the Apex Court in Civil Appeal No.4072-4073 of 2004 as referred to above, no interference whatsoever is required from this end. This application is devoid of any merit and it is accordingly dismissed. [R.M.LODHA],J. [NARAYAN ROY],CJ. Praveen