State Free To Decide Eligibility Criteria Unless Shown Arbitrary: Rajasthan HC Rejects Challenge To Padmesh Mishra's Appointment As AAG In SC
Live LawDismissing an advocate's plea challenging the appointment of Padmesh Mishra as Additional Advocate General for the state at the Supreme Court, the Jaipur bench of the Rajasthan High Court reiterated that State is free to decide and change the "eligibility criteria" while making appointment of AAG, other law officers unless it is shown as arbitrary. Therefore, it must be declared that the State of Rajasthan can make its own decision as to the eligibility criteria which can be changed at any moment and its choice of the advocates for making appointment on the post of Additional Advocate General or other Law Officers cannot be challenged in the Court unless shown arbitrary. Legislative Policy is expected to be followed but it is not law Coming to the next issue of not possessing minimum experience of practice in High Court/ Supreme Court for a period of 10 years by the respondent No.2 and challenging his appointment, on the ground that same has been made de hors to Clauses 14.2 & 14.4 of the State Litigation Policy- 2018 as per which which stated that committee shall screen the aspirants possessing minimum experience of practice in High Court/Supreme Court as laid down in the table herein below or as prescribed by the State Government from time to time or any law for the time being in force. Perusing through the police the high court observed that while the State Government is expected to follow the guidelines prescribed in the Litigation Policy- 2018 for appointment of counsel for the State, but it was "also equally true" that such a policy is in the "nature of executive instructions for guidance", which do not have a statutory force like a legislation/ legal statute.
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