STATE OF U.P, AND ORS.

NETRA PAL SINGH AND ORS.

APRIL 21, 2004

[V.N. KHARE, CJ., S.B. SINHA AND S.H. KAPADIA, JJ.]

Legal Remembrancer's Manual :

Para 7.06-District Government Counsel-Renewal of term-State.

C Government declining to renew term of D.G.Cs.-High Court directing State Government to renew their term-Held, claimants have not been.holding office of District Government Counsel for a long time-Writ petition filed by them having become infrucluous are liable to be dismissed as such.' ' . ...

Judicial Review:

State Government's decision declining to renew term of District Government Counsel-Judicial review of-Jn view of the legal principles as regards power of judicial review of High Court laid down in State of U.P. v.

Johri Mal*, appeals disposed of

Respondents were District Government Counsel in the State of U.P. The State Government declined to renew their term. They filed writ petitions before the High Court which directed the State Government to renew their term ..

Aggrieved, the State Government filed the present appeals.

Disposing of the , appeals, the Court

HELD: I. The respondents have not been holding the office of the District Government Counsel for a long time. Therefor:!, at this stage, it would not be justified in going into the merit of the matter as for all intent and purport, the writ petitions filed by the respondents have become infructuous and, thus, G are liable to be dismissed as such. They, however; may, as and when vacancies arise, file applications in terms of the Legal Rememberancer's Manual for their appointment as Public Prosecutors or Additional Public Prosecutors.

(553-B-CI

2. Keeping in view the fact that the legal principles as regards High

I-I 530

STA TE v. N.P. SINGH [SINHA, J.] 531

Court's power of judicial review in such matters have been laid down by this A Court in the case of Johri Mal*, nothing further is required, to be said in these appeals. (533-E)

*State of U.P. and Anr. v. Johri Mal, (2004( 4 SCC 714, relied on.

Harpal Singh Chauhan and Ors. v. State ofU.P., (1993( 3 SCC 552 and B State ofU.P. v. Ramesh Chandra Sharma and Ors., (1995( 6 SCC 527, cited.

CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 2626-2635 of 1999.

From the Judgment and Order dated 82.99 of the Allahabad High Court C in W.P.Nos. 1915(MB), 1499(MB), 1916(MB), 1925(MB), 1929(MB), 1934(MB), 195l(MB), 2029(MB) and 2963(MB) of 1998.

WITH

C.A. Nos. 2635, 2636, 2637-38 of2004.

Ravi Prakash Mehrotra, Garvesh Kabra, Ms. Deepti, R. Mehrotra, Ashok K. Srivastava, Ms. Rachna Srivastava, Ashok Kumar Sharma, K.K. Gutpa, Khwairakpam Nobin Singh, R.D. Upadhyay, Kunwar C.M. Khan and Rakesh K. Sharma for the appearing parties.

The Judgment of the Court was delivered by

S.B. SINHA, J. Leave granted in S.L.Ps.

The State of U.P. is in appeal before us being aggrieved by and dissatisfied with the judgment and order of a Division Bench of the Lucknow Bench of the Allahabad High Court dated 8.2.1999 whereby and whereunder F the order of the State Government refusing to renew the term of the District Government Counsel has been set aside.

The respondents in these ten appeals as also 24 other persons similarly situated filed writ petitions before the Lucknow Bench of the Allahabad High G Court questioning the validity of the orders passed by the appellant herein refusing to renew their term as District Government Counsel(Criminal).

The writ petitioners who were appointed as District Government Counsel on different dates inter alia contended in their respective writ petitions that the State ofU.P. acted arbitrarily in not renewing their term as their performance H

SUPREME COURT.REPORTS [2004] SUPP. 1 S.C.R.

A had been found to be satisfactory both by the District Officer as well as the District Judge concerned in relation whereto they had also made recommendations in terms of the provisions of the Legal Rememberancer Manual and in that view of the matter the impugned orders refusing to renew their term being contrary to the provisions thereof were not sustainable.

B By reason of the impugned judgment dated 8.2,1999, a Division Bench of the High Court although accepted the plea of the Appellant to the effect that the appointment of the District Government Counsel and Additional District Government Counsel in the District Court would not amount to appointment in a civil post by the State Government and is merely a professional C engagement but proceeded to consider the individual cases on merits. While dismissing 24 writ petitions, the High Court allowed I 0 writ petitions upon entering into the merit of the matter. The High Court held that the performance of the respondents having been found to be satisfactory by the District Officer as well as the District Judge and, furthermore, keeping in view of the fact that their names were recommended, the State Goverriment could not D have declined to renew their term. The High Court observed that it would be fallacious to equate the professional engageme; nt by private persons or a party with the appointment of DGC by the State as it is not so free as an individual or a private person in that behalf having regard to the fact that it is answe.rable and accountable to the public.

E The High Court further opined that the impugned action on the part of the State being arbitrary and not bona fide the same cannot be sustained. The High Court was further of the view that although prim'arily it is for the State to see the overall performance of the District Government Counsel and make its own assessment on the question as to whether the term of an incumbent F is to be renewed or not but it is also essential that the parameters which are set by the State to judge the suitability of the .persons for the purposes of his retention should be reasonable 'and not arbitrary.

Mr. Ravi Prakash Mehrotra, learned counsel appearing on behalf of the appellant would inter alia submit that having regard to the decision of this G Court in Harpal Singh Chauhan and Ors. etc. v. State of V.P., [1993] 3 SCC

552 and State of V.P. v. Ramesh Chandra Sharma and Ors., [1995] 6 SCC 527, the High Court committed an error insofar as it sought to substitute its own views over that of the State. The learned counsel would contend that as the District Government Counsel do not hold a civil post, they cannot be said to H have been any legal right in the matter of renewal of their term.

, .....

STATE v. N.P. SINGH [SINHA, J.] 533

Mr. Ashok Kumar Sharma, learned counsel appearing on behalf of the A respondents, on the other hand, would support the judgment of the High Court contending that the action on the part of the appellant was arbitrary and, thus, violative of Article 14 of the Constitution of India.

This Court while granting leave stayed the operation of the judgment by an order dated 26.04.1999. The said interim order of stay passed by this ' B Court was confirmed by an order dated 31.01.2000. The respondents, therefore, have not been holding the office of the District Government Counsel for a long time. We, therefore, at this stage would not be justified in going into the merit of the matter as for all intent and purport, the writ petitions filed by the respondents herein have become infructuous and, thus, are liable to be ' C dismissed as such. They, however, may, as and when vacancies arise, file applications in terms of the Legal Rememberancer Manual for their appointment , as Public Prosecutors or Additional Public Prosecutors.

The learned counsel appearing on behalf of the parties, however, have made submissions as regard the scope of judicial review in such matter. Scope ' D of judicial review in such matters had been considered by a 3-Judge Bench of this Court in State of U.P. and Anr. v. Johri Mal, (Civil Appeal Nos. 963- 64 of 2000) disposed of today.

Keeping in view of the fact that the legal principles as regard the power ' of judicial review of the High Court have been laid down by this Court in the E case of Johri Mal (supra), we are of the opinion that nothing further is required to be said in these appeals. These appeals are, therefore, disposed ' of accordingly. However, there shall be no order as to costs.

RP.

Appeals disposed of.