KURESHI NAJMA KADARMIYAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Letters Patent Appeal No. 154 of 2009 with Civil Application No. 1548 of 2009 is filed by the appellant herein - original petitioner challenging the impugned order passed by the learned Single Judge dtd. 12/1/2009 in Special Civil Application No. 56 of 2009 in dismissing the same and in not quashing and setting aside the order dtd. 8/12/2008 issued by the GPSC in rejecting the appellant's application for appearing in the examination for the post of Assistant Public Prosecutor, Class -II. It was further prayed in the said Special Civil Application to direct the respondent authorities to permit the appellant to appear in the examination of Assistant Public Prosecutor, Class -II, to be held on 11/1/2009.

(2.) BEFORE considering the Letters Patent Appeal on merits, few facts and the history which lead to filling up the post of Assistant Public Prosecutor in the State of Gujarat deserves consideration, and the same are as under:

(3.) CRIMINAL Misc. Application No. 13937 in Criminal Appeal No. 487 of 2006 was placed before the Division Bench of this Court to condone the delay of 1695 days caused in filing the Criminal Appeal against the judgement and order of acquittal passed by the learned trial court, wherein one of the ground in the application for condonation of delay was shortage of Assistant Public Prosecutor and one Additional Public Prosecutor was required to attend more than one courts and in most of the cases in different Talukas and the resultant effect was delay in disposal of the criminal trials, as Assistant Public Prosecutor was attending the particular Criminal Court in the Taluka only once a week and it was found that on rest of the days, the Additional Public Prosecutors were not available in the Court due to which the work of the Court was suffering and therefore, the Division bench asked the State to file detailed reply stating that how many posts of Assistant Public Prosecutors in the State are vacant. By order dtd. 19/2/2008, Division Bench directed the Legal Department of the State Government to file detailed reply giving particulars of the statement with respect to the Additional Public Prosecutors in the entire State with respect to each of the Sessions Court, Additional Sessions Court and Magistrate's Court by observing that in so many cases, grievances is made that there is shortage of Additional Public Prosecutors and due to shortage of Additional Public Prosecutor, Judicial Magistrate First Class's Courts, Additional Sessions Court, Sessions Courts, Magistrate's Court have to adjourn the matters which is one of the reason for arrears.