Shyam Lal Gurjar vs State Of Rajasthan
2021 Latest Caselaw 11521 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9428/2021

Shyam Lal Gurjar S/o Shri Roop Lal Gurjar, Aged About 43 Years, R/o Fagno Ka Khera, Mangrop, District Bhilwara (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Administrative Secretary, Department Of Law And Legal Affairs Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

2. The Special Administrative Secretary, Department Of Law And Legal Affairs Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

3. District Magistrate Cum District Collector, District Chittorgarh (Raj.)

4. District And Sessions Judge, District Chittorgarh (Raj.)

5. District Advocate/bar Association Begu, District Chittorgarh (Raj.)

----Respondents

For Petitioner(s) : Mr. Rohitash Singh For Respondent(s) :

JUSTICE DINESH MEHTA

Judgment

26/07/2021

(1) By way of the present writ petition, the petitioner has raised

a grievance that in spite of the fact that petitioner is eligible for

the post of Addl. Public Prosecutor (hereinafter referred to as 'the

APP'), the District Judge and Bar Association, Begun, District

Chittorgarh have not recommended petitioner's name for the post

of APP.

                                                                               (2 of 2)                 [CW-9428/2021]



                                   (2)     A perusal of the order dated 29.6.2021 reveals that the

                                   State      has    decided       to      engage          advocates     on    fixed

remuneration/retainership basis and in furtherance thereof, the

District Judge (respondent No.4) has requested the President of

the Bar Association (respondent No.5) to send a list of advocates

alongwith bio-data and declaration so that a panel of advocates

suitable to be engaged as APP be sent to the State Government.

(3) In the opinion of this Court, the post of APP is not a public

employment. The petitioner cannot seek any mandamus from this

Court for inclusion of his name in the list of candidates

recommended for APP nor can he seek any direction from this

Court as none of his legal or fundamental rights are violated, if his

name is not recommended by the Bar Association or the District

Judge to be included in the panel to be sent by the District

Magistrate.

(4) As a result of above, the writ petition is dismissed.

(5) The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

307-CPGoyal/-

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