The Delhi High Court on Monday stayed an advertisement issued by the Directorate of Prosecution inviting only retired prosecutors for appointment as Assistant Public Prosecutors (APPs) against 196 vacancies, observing that such a move unfairly deprives young advocates of opportunities.
Justice Sachin Datta, while hearing a petition filed by lawyer Vikas Verma, termed the advertisement “not acceptable” and “unfortunate,” stressing that young lawyers must not be denied the chance to enter public service. The court issued notices to the Director of Prosecution, Delhi’s Chief Secretary, Principal Secretary (Home), and the Union Public Service Commission (UPSC), directing them to respond within two weeks.
The bench directed the Principal Secretary (Home) of the Delhi government to decide on the petitioner’s representation and held that, until a reasoned decision is taken, the advertisement shall remain in abeyance. The matter has been listed for further hearing in October.
During the hearing, Justice Datta remarked that the Delhi administration appeared to be “becoming less and less progressive.” He observed:
“You want to deprive young advocates of this opportunity and appoint retired prosecutors. You ask your Chief Secretary to resolve this matter positively.”
Petitioner’s Argument
Senior advocate Mohit Mathur, appearing for the petitioner, argued that neither the Delhi government nor the Director of Prosecution had the authority to issue the recruitment notice, as the statutory process mandates recruitment through the UPSC or other competent authorities.
The petition further alleged that the advertisement violated constitutional principles by:
- Restricting posts exclusively to retired prosecutors.
- Ignoring the reservation scheme, thereby excluding candidates from marginalised communities, including the petitioner himself.
- Bypassing the established recruitment procedure.
Counsel for the Delhi government defended the advertisement, stating that the appointments were intended as an interim measure due to an acute shortage of prosecutors. The counsel also contended that since the issue pertained to a service matter, the appropriate forum was the Central Administrative Tribunal (CAT), not the High Court.
The plea has sought quashing of the advertisement and a direction to authorities to fill the vacancies by following the statutory process through the UPSC, ensuring fair competition and constitutional safeguards.
