- (1.) This petition by a practicing lawyer, ostensibly in public interest, has been filed challenging the appointments of the Advocate General and the Additional Advocates General of the State of U.P.
(2.) On examination of the pleadings made in this petition at the outset, we are constrained to observe that this writ petition lacks seriousness in its endeavour to challenge the appointments of Advocate General and Additional Advocates General. The writ petition comprises of only six paragraphs as narration of facts. In first three paragraphs of the writ petition, the petitioner has stated that it is the first petition filed by him for the relief being claimed herein and that he does not have any personal or private interest in the matter and further that he is not in receipt of any notice or caveat in the matter. In rest of the three paragraphs of the writ petition, the petitioner has only stated that he is challenging the appointments of the Advocate General and Additional Advocates General as the same prima facie appear to be against the guidelines laid down by Hon'ble Supreme Court in the case of State of Punjab and another vs. Brijeshwar Singh Chahal and another, 2016 6 SCC 1 and that assurance given by the State Government which finds recorded in the order dated 13.12.2016 passed by the Division Bench of this Court in Writ Petition No.58079 (PIL) of 2016; Ahmad Husain Khan vs. State of U.P. and others, has not been followed. He has also stated that the petitioner has earlier filed another PIL, namely, PIL Civil No.4505 of 2017; Jan Shakti Sewa Sansthan vs. Union of India and others contending that the engagements of the State Law Officers both in the High Court as well as in the subordinate courts in the State of U.P. have not been made in accordance with the directions issued by Hon'ble Supreme Court in the case of Brijeshwar Singh Chahal and another . After extracting one paragraph of the order dated 28.02.2016 passed by the Division Bench of this Court in PIL Civil No.4505 of 2017, the petitioner has only stated that inspite of assurance given before this Court, the State Government has made appointments of the Advocate General and Additional Advocates General without following the guidelines laid down by Hon'ble Supreme Court in the case of Brijeshwar Singh Chahal and another . No other pleading has been made by the petitioner, neither any material has been brought on record to substantiate the alleged irregularity or illegality in the appointments of the Advocate General and Additional Advocates General.
(3.) Engagement of Law Officer by any name, may be in the name of Additional Advocate General, cannot be equated with the appointment of Advocate General. Office of Advocate General is a constitutional office and as per our constitutional scheme, under Article 165 of the Constitution of India, the Governor appoints a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the State. Article 165 enjoins certain duties to be performed by the Advocate General, according to which it is the duty of the Advocate General to give advice to the Government of the State on such matters and to perform such other duties of a legal character as may from time to time be referred or assigned to him by the Governor and further to discharge the functions conferred on him by or under the Constitution or any other law. Article 165 of the Constitution of India is quoted hereinbelow:- "165. Advocate General for the State- (1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State. (2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. (3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine".;