State Of U.P. & Ors vs Ajay Kumar Sharma & Anr

2. Legal Remembrancer’s Manual (for short, ‘LR Manual’) framed by the Government of Uttar Pradesh and Section 24 of the Code of Criminal Procedure (Cr.P.C.) contain a comprehensive mechanism for appointment of District Government Counsel for Civil, Criminal and Revenue Courts in the State and renewal of their term. However, from 1990 onwards these provisions have become victim of the spoil system and have been misused by the party in power for conferring favours upon chosen advocates. In last 21/2 decades the appointments and renewal or non-renewal of the term of District Government Counsel and termination of their services generated huge litigation, the disposal of which has consumed substantial time of the Allahabad High Court and this Court.

Since there is unanimity of the view that the judgment of the High Court is required to be implemented in true spirit and substance, we consider it necessary to issue certain clarifications with regard to the judgment in question and despite the fact that the State Government has chosen to withdraw the Special Leave Petition against the judgment and has taken a policy decision to implement the same. The directions are:-

The renewal/reconsideration/appointment shall be done by the concerned authority in the above manner. We would clarify that all the appointments either directly or by way of renewal / reconsideration shall only be made in consultation with the High Court and/or the District and Sessions Judges as the case may be. All concerned shall duly abide, and without default, with the process of selection and appointment, as afore-stated.”

14. In compliance of the direction contained in the aforesaid order of the High Court, the State Government is said to have scrutinized some records and filed status report. On the next date of hearing, i.e., 7.3.2013, the Additional Advocate General appearing for the appellants herein informed the High Court that complete status report could not be filed due to non-availability of documents. The Division Bench of the High Court accepted her request for adjournment and posted the matter for 20.3.2013. Simultaneously, the appellants were directed to issue orders for renewal in the cases where the details of the applicants were available.

Bench) No. 9127 of 2012 along with which there are 248 petitions pending before the Lucknow Bench of the Allahabad High Court and in the said total 249 Writ Petitions, there are total 443 claimants for their renewal for the post of District Government Counsel / Additional District Government Counsel / Assistant District Government Counsel, etc. for three different categories (Criminal, Civil and Revenue). In addition to the above 443 claimants, after 16.01.2013 further about 85 Writ Petitions have been filed claiming renewals and reappointments on the basis of earlier appointments and in the said Writ Petitions also there are about 200 claimants there by making total about 643 claimant. Contrary to the said claim of renewals of so many candidates whose report of District Judge are favourable, the number of available vacancies are only 354. Most of the reports of the Districts Judges are stating that their work and conduct are good and they have knowledge of law. None of the reports say any adverse comment or anything which could be deemed to be dereliction of duty. There are many instances where the candidature for renewal have been recommended by the District judge with identically worded recommendations even when the record bears out that the candidate's performance has remained lacking.

21. In the premise aforesaid, the appeal is allowed and the impugned order is set aside. The State Government shall now fill up the existing vacant posts by considering the cases of all eligible persons strictly in accordance with the relevant provisions of LR Manual read with Section 24 Cr.P.C. and the judgments of this Court in Johri Mal’s case and Rakesh Kumar Keshari’s case. The District Judges and the District Magistrates, who are required to be consulted by the State Government, are expected to make objective assessment of the work, conduct and performance of the candidates and make recommendations keeping in view larger public interest in contradistinction to the interest of the particular political party.

22. The cases of renewal of appointment of the existing incumbent shall likewise be considered in accordance with the provisions contained in LR Manual and the judgments of this Court. This exercise shall be undertaken and completed within a period of four months from today.