Andhra Pradesh High Court Issues Notices On Pleas Questioning Competency Of Govt Pleader, AGPs

The Andhra Pradesh High Court has issued notice to the State, Ministry of General Administration and Law and Legislative Affairs of the State on a batch of pleas challenging the appointment of the Government Advocate and two AGPs allegedly made against the provisions of AP Law Officers (Appointment and Conditions of Service) Instructions, 2000.

The petitioner/party in person contended that the persons in question do not have the minimum required standing with the bar of 5 years and the advocate who was appointed to the post of Government Pleader was not registered with the Bar at Andhra Pradesh High Court as mandated under the 2000 Instruction.

The Special Government Pleader per contra relied upon the 2003 judgement of State of Andhra Pradesh v. Pushpendar Kaur wherein it was held that the guidelines for appointment were not statutory in nature, but executive.

Additionally, it was held that the advocate appointed by the Government shared an attorney-client relationship and the Government was at liberty to appoint who it thought appropriate.

Upon hearing the contentions Justice B. krishna Mohan has issued notice to the Advocate General under his capacity as a representative of the State, the Ministry of General Administration and Law and Legislative Affairs of the State.

“In view of the above said facts and circumstances, for the purpose of going into the averments made by the party in person in all these three writ petitions, the counters of the respondent Nos. 1 to 3 are required," it ordered.

Party in person has also been granted liberty to serve notice to the Advocate General in his personal capacity and the advocate appointed to the post. "The issuance of notices to the respondent Nos.4 and 5 from the Registry is deffered for the present, which can be considered after filing of the counters by the official respondents as it also lacks prima facie substantiation of allegations made against them. However the party-in-person insisted to take out personal notice."

The matter has been posted to 8th of February for counters.

Case no.: WP 897 of 2024 & batch

Counsel for petitioner: party in person, Gundala Siva Prasad Reddy.

Counsel for respondents: S. Sriram, Advocate General.

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