The Supreme Court today set aside an order of the Allahabad High Court asking the Uttar Pradesh administration to renew the appointment of two district-level government lawyers, saying that it "frustrated" the legal provisions.
"While renewing the term of the appointment of the existing incumbents the state government is required to consider their past performance and conduct in the light of the recommendations made by the district judges and the district magistrates.
"Therefore, the high court could not have issued a mandamus for renewal of the term of those lawyers and other similarly situated persons and thereby frustrated the provisions of Legal Remembrancer Manual and Section 24 CrPC," a bench of justices G S Singhvi and C Nagappan said.
Setting aside the HC order, the bench said the state government "shall now fill up the existing vacant posts by considering the cases of all eligible persons strictly in accordance with the relevant provisions of LR Manual read with Section 24 CrPC..."
The court's judgement came on the appeal of UP government against the HC order asking it to renew appointment of two lawyers as state counsel for representing the government in district courts.
Citing Legal Remembrancer's Manual and a provision of the CrPC, which deal with the appointment of district level government lawyers, it said, "The High Court was not at all justified in issuing an interim mandamus for renewal of the appointments of respondent Nos. 1 and 2. (lawyers)."
The bench, in its verdict, observed the legal provisions have been misused by political parties to favour their own men.
"However, from 1990 onwards these provisions have become victim of the spoil system and have been misused by the party in power for conferring favours upon chosen advocates.
"In last 2 1/2 decades the appointments and renewal or non-renewal of the term of District Government Counsel and termination of their services generated huge litigation, the disposal of which has consumed substantial time of the Allahabad High Court and this Court," it said.
