Lawstreet Journal

Amendment to Law Officer Appointment Rules Upheld by the Madras High Court

Lawstreet Journal 22 Jun 2021 8:01pm

Image courtesy: Lawstreet Journal Judiciary Amendment to Law Officer Appointment Rules Upheld by the Madras High Court

The Madras High Court on June 17th,2021, Thursday, disposed of a petition filed assailing the validity of an amendment that was made (in the year 2019) to the rules under the Law Officers of High Court of Madras and its Bench at Madurai (Appointment) Rules, 2017 which govern the appointment of government advocates.

The Bench of Justice T. S. Sivagnanam and Justice S. Ananthi upheld the validity of sub-clause (k) in Rule 4(i), which stipulates the eligibility for being appointed as Government Advocates.

The rule under challenge

The amended Rule states that no person shall be eligible for appointment in the High Court as a Government Advocate unless he furnishes a letter given by his senior to the effect that he has assisted him and worked in the High Court for not less than three years.

It was also argued that the impugned amendment denies equal opportunity to the meritorious candidates to be considered for appointment as law officers representing the State in the High Court of Madras and its Madurai Bench.

Additionally, it was also argued that there would be consequences, which will occur if inexperienced advocates are appointed as law officers and that it would affect the administration of justice of this Court.

Court's observations

At the outset, the Court noted that the writ petition did not challenge any appointment orders issued to the Government law officers, rather, the challenge was to the amendment to the 2017 Rules.

Thus, taking note of the Judgment of the Madras High Court… Continue Reading...

Tagged: Madras High Court  
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