- (1.) Under challenge is the appointment of Rajendra Prasad Sharma, Advocate, as Addl. Public Prosecutor, Gangapur City. The challenge to the aforesaid order arises in the following circumstances.
(2.) Certain appointments to the posts of Public Prosecutor, Sawai Madhopur and Addl. Public Prosecutor Gangapur City and at other places in Sawai Madhopur district were to be made. Applications were invited by the District Magistrate, Sawai Madhopur. Seventeen persons, all practicing lawyers at Gangapur City made their applications for appointment as Addl. Public Prosecutor Gangapur City attached to the court of Addl. District Judge Gangapur City and the District Magistrate forwarded all the seventeen applications to the Distt. & Sessions Judge, Sawai Madhopur, who sent a panel for appointment to the post of Addl. Public Prosecutor and in the said panel admittedly he did not recommend the name of respondent No. 4 Rajendra Prasad Sharma for appointment as Addl. Public Prosecutor attached to the court of Addl. District Judge, Gangapur City. He recommended the names of Sarva Shri Brij Nandan Lal Dixit, Bhag Chand Paliwal, Vriddhi Chand Sharma, Chandra Dev Upadhyaya and Asrar Ahmed. Recommendations were also made by the District & Sessions Judge for appointment as Addl. Public Prosecutor at other places in the district of Sawai Madhopur with which we are not presently concerned. The district Magistrate while forwarding the names for appointment to the post of Addl. Public Prosecutor, Gangapur City, deleted the names of Sarva Shri Brij Nandan Lai Dixit, Vriddhi Chand Sharma and Chandra Dev Upadhyaya and included the name of respondent No. 4 Rajendra Prasad Sharma and others in the panel for consideration for appointment to the post of Addl. Public Prosecutor. In the recommendations of the District Magistrate the names of both the petitioner and the respondent No. 4 were there, but the petitioner was not appointed and the respondent No. 4 was appointed on the post of Addl. Public Prosecutor.
(3.) The petitioner has challenged the aforesaid appointment of Rajendra Prasad Sharma, respondent No. 4, as Addl. Public Prosecutor mainly on the ground that because his name did not appear in the panel recommended by the District Judge, Sawai Madhopur, the said appointment was against the provisions of sub-section (4) and (5) of Sec. 24 Cr.P.C. as well as against the decisions of the Apex Court in various cases.;