Delhi High Court Stays Advertisement For Appointing Only Retired Public Prosecutors As APPs

The Delhi High Court has stayed an advertisement restricting appointment of only retired public prosecutors as Assistant Public Prosecutors (APPs).

Justice Sachin Datta passed the order on a plea filed by one Vikas Verma challenging the advertisement issued by the Delhi Government's Directorate of Prosecution on August 22.

The impugned advertisement was for engagement of Public Prosecutors on contractual basis whereby applications were invited only from retired Public Prosecutors for appointment to 196 posts of APP.

It was submitted that the advertisement was in gross violation and in complete disregard of the settled position of law and that the Director of Prosecution was not the competent authority to make the recruitments.

It was also contended that the eligibility criteria prescribed in the impugned advertisement resulted in “insidious discrimination against young advocates" inasmuch as the zone of consideration was confined to retired Public Prosecutors.

It was submitted that a representation was submitted by Verma on August 22 to the authorities but the same was not considered.

It was further submitted that the authorities were proceeding with the recruitment process which is completely without authority of law.

Issuing notice on the plea, the Court directed Delhi Government's Principal Secretary, Home to expeditiously decide the representation, after affording an opportunity of hearing to Verma.

“Till the same is done by way of a reasoned order, the recruitment process pursuant to the impugned advertisement shall be kept in abeyance,” the Court ordered.

The matter will now be heard on October 16.

Title: VIKAS VERMA v. DIRECTOR OF PROSECUTION AND ORS.

Citation: 2025 LiveLaw (Del) 1051

Click here to read order