Delhi: Objection to the contractual appointment of retired prosecutors, advocate demanded withdrawal of recruitment notice..
Delhi: On Friday, an advocate submitted a formal memorandum to key government officials, including the Chief Secretary and Principal Secretary (Home) of the Delhi government, the Secretary of the Union Public Service Commission (UPSC), and the Director of Prosecution. In this memorandum, a strong objection has been raised to the recently issued notification for the recruitment of public prosecutors. The memorandum has been given by Advocate Vikas Verma.
The notification has been issued by the Directorate of Prosecution of the Government of Delhi (GNCTD), in which applications have been sought for the recruitment of retired prosecutors on contract. The recruitment notice was published in the print media and on the website of the directorate. The memorandum has described this notification as unconstitutional, arbitrary, and discriminatory against young legal professionals.
The memorandum argued that this move opens a backdoor entry for retired officers by bypassing the established recruitment process through UPSC or other statutory bodies.
Cited Supreme Court judgments
He cited Supreme Court judgments State of Karnataka vs Umadevi (2006) and Renu vs District and Sessions Judge, Tis Hazari (2014), which emphasise the imperative of transparent, competitive recruitment to public posts. Verma said the advertised posts are more than the sanctioned number, as stated in the Delhi government's affidavit in Court on Its Own Motion vs State (NCT of Delhi) dated July 2025.
The lawyer alleged that the notification was issued with a malicious intention, giving preference to a select group of retirees and sidelining thousands of qualified young advocates.
The notification was termed as a disregard of reservation policies and judicial orders
Verma asserted that the recruitment process violates Articles 14, 16, and 19(1)(g) of the Constitution. He argued that the notification restricted eligibility to retired prosecutors, thereby excluding candidates from SC, ST, and OBC categories. He termed it a disregard of reservation policies and judicial orders.
Verma criticised the directorate for ignoring the Delhi High Court's directions to recruit through UPSC and adopting an interview process only for retirees.
BCI not consulted: Verma alleges
He said the Delhi Bar Council and other stakeholders were not consulted, thereby violating the principles of natural justice. He said the appointment of retired prosecutors who are already receiving a pension would put unnecessary financial pressure on the state, while regular recruitment would promote institutional continuity and efficiency.
Verma warned that allowing such appointments could set a precedent for arbitrary recruitment in government departments, thereby undermining fairness in public employment. He urged the government to carry out its actions in line with the Directive Principles of State Policy and cited State of Punjab vs Davinder Singh (2024) to advocate for developing a framework for affirmative action.
The advocate made these demands.
Finally, he demanded immediate withdrawal of the notification, a formal inquiry into its issuance, and a stay on any appointments made under its provisions. He also called for future recruitments to be conducted only through the UPSC or other legally constituted bodies to ensure merit-based and inclusive selection.
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