RAHIB.K.Y Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are Advocates enrolled by the Bar Council of Kerala and are actively practising Law in courts. They have approached this Court seeking to quash the stipulation of three year Bar experience as Advocates for applying to the post of Assistant Public Prosecutor Grade-II, under Exts.P3 and P4 notifications.

(2.) The petitioners state that they are having active practice of two years and seven months in criminal courts in Kerala. On 31/12/2021, the Kerala Public Service Commission issued Ext.P3 notification for recruitment to the post of Assistant Public Prosecutor Grade-II. The notification stipulated that the applicants should hold a Degree in Law conferred or recognized by Universities in Kerala, must be members of Bar and must have had not less than three years practice in Criminal CourRs. 231ts as on 1/1/2022.

(3.) The petitioners would urge that the requirement of experience prescribed in Ext.P3 notification is discriminatory since for appointment as Presiding Officers of the Courts to which the Assistant Public Prosecutor candidates intend to prosecute cases, no such Bar experience is prescribed. Therefore, the stipulation of three years experience in Bar as mandated in Ext.P3 is in violation of Articles 14 and 16 of the Constitution of India.