‘Want to deprive young lawyers of opportunity?’ HC stays recruitment ad for retired prosecutors

Observing that it is rather “unfortunate” that young lawyers are being deprived of the opportunity, and the same is “not acceptable”, Justice Datta directed the principal secretary (home) of the Delhi government “to decide the representation” by Verma, and till the same is decided by a reasoned order, “the advertisement shall be kept in abeyance.”

Justice Datta orally remarked while addressing the state authorities, “You want to deprive young advocates of this opportunity and appoint retired prosecutors. You ask your chief secretary to resolve this matter positively.”

The advertisement — inviting applications from retired prosecutors to work on contractual basis with the Delhi government — specifies that the selected candidates would be assigned work which is “normally assigned” to public prosecutors, additional and assistant public prosecutors, including appearing in sessions courts and special sessions courts, and in “special cases” such as appointees “can be assigned duty in any department” of Government of National Capital Territory of Delhi with approval of the competent authority.

Verma, opposing the advertisement and seeking that it be quashed, submitted before the court through senior advocate Mohit Mathur that it gives a go-bye to the reservation for marginalised classes, to which Verma belongs, and that keeping of such posts exclusively for retirees “shatters the dreams” of thousands of young lawyers who are eligible to occupy such posts. Delhi government meanwhile countered that such appointments are an interim measure owing to shortage of prosecutors.