DEVI PRASAD SINGH,J. - (1.) IN this bunch of writ petitions, question and dispute involved relates to appointment of District Government Counsels in District and Sessions courts of the State of U.P. Substantial question of law is of public importance and common in all the writ petitions. Factual background in these bunch of writ petitions is also with slight difference are more or less same. Hence, with the consent of parties, we decide the writ petitions by present common judgment.
(2.) KEEPING in view lengthy argument, advanced by the parties' counsel, we are adjudicating the dispute under the following heads : (I) Maintainability of writ petition (II) Role of Public Prosecutors (III) Appointment and Renewal (IV) Government's right - whether statutory ? (V) Opinion of District Judge (VI) Impugned order and the binding precedent (VII) Overruling of judgments by Executive Order, not permissible. (VIII) Undertaking/statement before the court, shifting of stand and change of government. (IX) Doctrine of Finality (X) Section 25-A of CrPC and Repugnancy (XI) Office of L.R. of State of U.P. and its failure (XII) Omission and Arbitrariness (XIII) Cost (XIV) Some individual cases (XV) Rule of Law (XVI) Finding (XVII) Order Writ Petition No.7851(M/B) of 2008 shall be leading writ petition, followed by writ petition No.3922(M/B) of 2011 and 4179(M/B) of 2011 and other petitions.
(3.) APPOINTMENT on the post of District Government Counsel in the State of U.P. has been a battle ground since more than two decades. With the change of Government , "Spoils System" comes to light and results into removal and appointment of the members of noble profession in the District Courts throughout the State and sometime in the High Court also. Barring exception, the reasons seems to be political one and to generate and perpetuate political power, may be under false notion as a "vote catching device". Thomas Hobbes rightly said, to quote : "I put for a generall inclination of all mankind, a perpetuall and restlesse desire of Power after power, that ceaseth onely in Death. And the cause of this, is not alwayes that a man hopes for a more intensive delight, than he has already attend to; or that he cannot be content with a moderate power : but because he cannot assure the power and means to live well, which he hath present, without the acquisition of more". (Leviathan by Thomas Hobbes, page 54). ;