RAJASHEKAR M TILANGANJI Vs. HIGH COURT OF KARNATAKA

JUDGEMENT

(1.) The appellants being the Law Graduates were appointed as Assistant Public Prosecutors-cum-Assistant Government Pleaders ('APPs' for short). They are serving as APPs in different parts of State of Karnataka. They are conducting civil as well as criminal cases on behalf of the State. They are not only officers of the Court but also representatives of the State. There cannot be any dispute that APPs play important role in administration of justice. Being representatives of the State, they represent the interest of general public before the Court of law.

(2.) On 9.6.2011 the Department of Law, Justice and Human Rights, Government of Karnataka notified the draft of the Karnataka Judicial Service (Recruitment) (Amendment) Rules, 2011 ('Amendment Rules of 2011' for short) in the Karnataka Gazette for amending certain provisions of 2004 Rules relating to recruitment of Civil Judges (Jr.Dn.). The draft rules relating to recruitment of Civil Judges (Jr.Dn.) were objected to by some of the appellants and by the Association of Prosecuting Officers by filing their statement of objections. Under the draft rules, APPs are excluded from being considered for appointment under the heading "recruitment of in-service candidates". However the Department of Law, Justice and Human Rights, Government of Karnataka promulgated 'Amendment Rules of 2011' on 11.7.2011. The High Court of Karnataka, Bangalore issued a notification inviting applications for making appointment to 152 posts of Civil Judges in the State of Karnataka on 6.8.2011. The recruitment of Civil Judges, under the recruitment notification was to be made from two categories of candidates viz., (a) in-service candidates (b) candidates other than in-service candidates (i.e. Direct Recruitment). The APPs were excluded from being considered under "in-service candidates" though members of other cadres working in the High Court and subordinate Courts were listed as in-service candidates.

(3.) Aggrieved by the said recruitment notification and act of the State in not considering their applications for appointment, the appellants herein and certain others approached this Court in Writ Petition No.18428/2012 c/w W.P. Nos.6380/2012, 11611-11621/2012 and 38597- 38600/2011 praying for following reliefs: