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The Karnataka High Court was today informed by the counsel for the department of prosecution that examination for recruitment of Additional Public Prosecutors has not been conducted because the model the question paper comprised of majority questions on constitutional law.

The counsel told the court that questions on Indian Penal Code and Criminal Procedure Code would be more relevant.

A Division Bench headed by Chief Justice Ritu Raj Awasthi and Justice Ashok Kinagi were hearing  a suo motu writ petition against the State Government to fill in all the vacant posts of Public Prosecutors, Senior Assistant Public Prosecutors and Assistant Public Prosecutors across the State. 

The said three categories of Public Prosecutors are required to be appointed by the State Government in accordance with Section 24 and Section 25 of the Code of Criminal Procedure, 1973. It was brought on record of the court in 2019 that there are 187 sanctioned posts of Public Prosecutors in the State, out of which 70 are vacant.

Court, in 2019, had noted that out of 411 sanctioned posts of Assistant Public Prosecutors, 204 posts are vacant. Out of 123 sanctioned posts of Senior Assistant Public Prosecutors, 18 posts are vacant. Therefore, about 40% posts of Prosecutors are vacant.

In November 2021, the court was informed that 9 out of 24 Public Prosecutors have been appointed and 28 out of 58 Senior Assistant Public Prosecutors have been appointed. Court was apprised that as the appointment of the Assistant Public Prosecutors is concerned, the examination has been conducted by the National School of Law University (NLSIU). Court was further informed that the examination process will be completed within four weeks.

In February 2022, the government sought further time of three months to conduct the examination, which was granted. When the matter came up for hearing today, the counsel informed the court that 205 vacancies for Additional Public Prosecutors are required to be filled up for which the examination date was notified for May 28/29 2022.

Court was informed that the draft exam paper by NLSIU consisted of majority questions on constitutional law which were not relevant for the posts in question. The counsel also told the court that the  Bar Council of Karnataka as well as association had objected to the same. 

Court, on hearing the submission, allowed 6 weeks to hold the exam for the post of APP and to declare the result.  Court also made it clear that if its directions are not followed, Director of Prosecution shall appear on the next date.

Case title: High Court Legal Services Committee Vs State of Karnataka