Quota in AG office: HC issues notice to Punjab govt
Appearing on the petitioner Ishan Kaushal, senior advocate Pawan Kumar Mutneja contended that the reservation was contrary to the provision of the Punjab Law Officers Engagement Act, 2017, and also against the well settled principle.
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The petitioner submitted before the HC that through an advertisement on April 21, 2022, the state of Punjab invited applications for filling up the vacancy in the office of Advocate General, which was as per mandate provided under the Act and subsequently the posts were filled up. The Punjab and Haryana High Court Thursday issued notice to Punjab and others over a petition seeking to quash an advertisement dated August 20, wherein the state government introduced reservation for scheduled caste for engagement of 58 law officers in the Advocate General’s office.
Appearing on the petitioner Ishan Kaushal, senior advocate Pawan Kumar Mutneja contended that the reservation was contrary to the provision of the Punjab Law Officers Engagement Act, 2017, and also against the well settled principle.
The petitioner submitted before the HC that through an advertisement on April 21, 2022, the state of Punjab invited applications for filling up the vacancy in the office of Advocate General, which was as per mandate provided under the Act and subsequently the posts were filled up. However, on August 20, 2022, in continuation with earlier advertisement, the state of Punjab introduced the reservation for engagement of law officers in the office of Advocate General by inviting applications from eligible Schedule Caste advocate candidates to be submitted by September 13, 2022.
The petitioner submitted that the advertisement dated August 20 is contrary to the provision of the Punjab Law Officers Engagement Act 2017 as there is no provision with regard to the reservation in the office of Advocate General and by way of the present advertisement the State of Punjab has amended the said Act.
The petitioner argued that if the State Of Punjab wants to create the reservation, the correct way was to pass an amendment in the Act by way of process
The bench of Justice Mahabir Singh Sindhu after hearing the matter issued notice to the Punjab government regarding stay as well for September 12.
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