- (1.) ACCORDING to Sri Krishna Ji Khare, learned Counsel for the petitioner, the real prayer of the petitioner is to quash the communication made by the Joint Secretary and Joint Legal Remembrancer, Government of Uttar Pradesh to the District Magistrate, Ghazipur informing him that he has been directed to communicate that in regard to his recommendation made under Clause 7. 08 of the Legal Remembrancer's Manual it has been decided after thorough think ing that the services of Sri Sita Ram Yadav (the petitioner) as Assistant District Government Counsel (Civil) will not be extended and, thus, Sri Yadav be relieved immediately (as contained in Annexure-5 to this writ petition ).
(2.) SRI Khare, with reference to the decision of the Apex Court in Kumari Shrilekha Vidyarthi v. State of U. P and others, (1990) 2 UPLBEC1174, contended that the order impugned is arbitrary inas much as the recommendations made by the District Magistrate and the District Judge concerned were based on perfor mance of the petitioners which were bind ing on the State. We regret in not finding any sub stance in the contention. It is always open for the State as a litigant to engage a Coun sel of his choice-Merely because the Dis trict Magistrate or District Judge has made recommendations for continuance of the petitioner as a Counsel for the State it cannot be held that recommendation is binding on the Stale. Mr. Khare could not locate his fingers to such a ratio decadent in Kumari Shrilekha Vidyarthi's case (supra), to support his submissions, we are of the definite view that a Counsel cannot thrust on a litigant to become his Counsel and there is no question of violation of any fundamental right of the petitioner of this freedom, of speech and expression. We do not find that earlier any interim relief was also granted to the petitioner. We, accordingly, not finding any merit in this writ petition, dismiss it but without cost.
(3.) THE Office is directed to hand over a copy of this order within (vie) to Sri Sudhir Jaiswal, learned Standing Counsel, for its communication to the Government. Petition dismissed. .;