SUJESH J MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition has been filed styling it as a public interest litigation. The Petitioners are Advocates practising for the last 11 years in different courts in the State of Kerala. According to them, there are large number of vacancies of Assistant Public Prosecutors and that the Respondent is not taking any steps for filling up of those vacancies. It is stated that such inaction on the part of the State is in violation of the provisions contained in the Code of Criminal Procedure. On this basis, the Petitioners seek a direction requiring the Respondent to make permanent appointment to the existing vacancies of Assistant Public Prosecutors in the various Magistrate Courts in Kerala.

(2.) A statement has been filed on behalf of the Respondent. Though the exact number of vacancies is not indicated, the fact that vacancies are in existence in nine districts in the State is admitted. It is also stated that by G.O.(Ms) No. 85/11/Home dated 1/03/2011 the Government of Kerala entrusted recruitment of Assistant Public Prosecutors Grade II to the Public Service Commission.

(3.) WE also record the statement made on behalf of the Respondent that instructions have been given to the concerned District Collectors for filling up of existing vacancies of Assistant Public Prosecutors provisionally till the regular hands recruited by the Public Service Commission join duty.