High Court of Judicature at Allahabad
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Vikram Singh Josha v. State Of U.P. And Another - WRIT - C No. 37205 of 2006  RD-AH 11752 (18 July 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
Supplementary affidavit filed today be taken on record.
This writ petition has been filed for seeking benefit of the Government Order dated 16.2.1994 (Annexure ''3' to the writ petition) by which it has been provided that there shall be reservation up to the extent of 23% for SC/ST candidates and 27% for the OBC candidates while making appointment of the District Government Counsel (Civil, Criminal or Revenue).
The grievance of the petitioner is that the appointment of the DGC (Civil) is being made in contravention of the said Government Order. Learned Standing Counsel could not satisfy us as under what law or competence the Government Order dated 16.2.1994 was issued since engagement of a lawyer cannot be termed as a service and is a contractual appointment.
Instructions may, therefore be taken as to whether this Government Order is still in force and if it is in force then how was such a Government Order issued and how it is to be enforced in view of the Constitution Bench judgment of the Hon'ble Supreme Court in R.K. Sabharwal & Ors. Vs. State of Punjab & Ors. (1995) 2 SCC 745.
Learned Standing Counsel may seek instructions within ten days.
List after ten days for admission/hearing.
Till then, if any appointment is made, the same shall be subject to the decision of the writ petition.
Let a copy of this order be made available to the learned Standing Counsel today itself.
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