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Punjab and Haryana High Court seeks Haryana’s reply on plea challenging prosecution service rules

Experienced advocate argues amendments to Haryana prosecution service rules discriminate against private lawyers and violate central law on eligibility for senior posts.

3 min readChandigarhJan 19, 2026 05:08 PM IST

File photo of Punjab and Haryana High Court.

The Punjab and Haryana High Court Monday issued notice to the Haryana government on a writ petition filed by a senior advocate challenging recent amendments to the state’s prosecution service rules.

A division bench comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor admitted the petition and directed the state to file its response. The petitioner argued that by creating a separate and ‘discriminatory’ class of advocates, the state had taken away the rights of advocates possessing 15 years of experience.

The petitioner, Pardeep Kumar Rapria, a practising advocate with more than 18 years of experience, appeared in person. He has earlier appeared before the high court and the Supreme Court and has also served as a law officer with national agencies.

In his petition, Rapria has challenged the Haryana State Prosecution Legal Services (Group A) Amendment Rules, 2025, notified on December 18, 2025. He has also questioned a promotion order dated December 31, 2025, through which several serving officers were elevated to the post of deputy director of prosecution.

Rapria argued that the amendments are contrary to Section 20 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the central law that replaced the Code of Criminal Procedure. The provision states that a person can be appointed as director or deputy director of prosecution only if they have practised as an advocate for at least 15 years or have served as a sessions judge. For the post of assistant director, the requirement is a minimum of seven years of advocacy practice or experience as a first-class magistrate.

The petitioner contended that the amended state rules allow senior posts to be filled entirely through promotion from within the service, or by transfer or deputation from other governments. This, he said, effectively excludes private practising advocates who otherwise fulfil the eligibility conditions prescribed under the central law.

Rapria described the amendments as being beyond the legislative competence of the state government and, therefore, void from the outset. He argued that subordinate legislation framed by the state cannot override or contradict a central statute.

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The petition further stated that the December 31 promotion order was issued without any public advertisement or invitation of applications from eligible advocates, rendering the process opaque and arbitrary. Around 24 serving officers were promoted through the order, and their names have been arrayed as private respondents in the case.

The petitioner submitted that he fulfils the 15-year experience requirement and also holds additional qualifications, including postgraduate diplomas in cyber law and intellectual property law.

Rapria has sought the quashing of both the amendment rules and the promotion order, contending that they violate the constitutional guarantees of equality and equal opportunity in public employment under Articles 14 and 16. He has also sought an interim stay on the operation of the rules and the promotion order during the pendency of the case.

The high court has now sought the state government’s reply. The matter is expected to be listed for further hearing after the response is filed.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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