MP High Court strikes down rule reserving 10% of prosecutor posts for clerical staff

Deciding two writ petitions together, a Division Bench of the Madhya Pradesh High Court at Gwalior struck down a 2002 amendment to Schedules II and IV of the Madhya Pradesh Public Prosecution (Gazetted Services) Recruitment Rules, 1991, which had carved out a 10% promotional quota to the Class-II gazetted post of Assistant District Prosecution Officer (ADPO) for serving clerical staff (CrPC Clerk/Assistant Grade-III/APCD Grade-III) who additionally held an LL.B. degree. The petitioners, aspiring ADPO candidates, argued this created a class within a class among clerical staff without any intelligible differentia bearing a reasonable nexus to a discernible object, in breach of Articles 14 and 16. The State could not produce the reasons or objects behind the 2002 amendment, nor explain why two separate promotional avenues existed for the same feeder cadre.

The Court held the classification arbitrary and therefore violative of Articles 14 and 16, and further held that promoting ministerial, non-adjudicative clerical staff directly into a prosecutorial post touching citizens' life and liberty offended Article 21, since a Public Prosecutor must be equipped to protect litigants' rights in court. The amendment was declared ultra vires and quashed, though promotions already made under it, where the promotees were not impleaded, were left undisturbed; no further promotions may be made under the struck-down quota.