KUMARI SHRILEKHA VIDYARTHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This judgment disposes of a bunch of matters comprising of some writ petitions under Art. 32 of the Constitution of India and special leave petitions under Art. 136 of the Constitution of India, all of which involve for decision certain common questions. The special leave petitions are directed against a common judgment of the Allahabad High Court dismissing some writ petitions in which the same questions were raised. In view of the decision of the High Court rejecting those contentions, the writ petitions were filed in this Court directly for the same purpose.

(2.) By one stroke, seemingly resorting to the Spoils System alien to our constitutional scheme, the Government of State of Uttar Pradesh has terminated by a general order the appointments of all Government Counsel (Civil, Criminal, Revenue) in all the districts of the State of U.P. w.e.f. 28-2-1990 and directed preparation of fresh panels to make appointments in place of the existing incumbents. This has been done by Circular G.0, No.D-284-Seven-Law-Ministry dated 6-21990, terminating all the existing appointments w.e.f. 28-2-1990, irrespective of the fact whether the term of the incumbent had expired or was subsisting. The validity of this State action is challenged in these matters after the challenge has been rejected by the Allahabad High Court. They have all been heard together since the common question in all of them is the validity, of the Circular G.O. No. D-284-Seven-Law-Mi,nistry dated 6-21990 issued by the Government of State of Uttar Pradesh.

(3.) Leave is granted in the Special Leave Petitions and the appeals are also heard on merits along with the writ petitions.