The Delhi High Court on Monday stayed a notice inviting applications from retired prosecutors to fill nearly 200 public prosecutor posts on contractual basis [Vikas Verma v Director of Prosecutions & Ors].

Justice Sachin Datta passed the interim order and asked the government to decide the representation sent to it against the move.

The Court also issued notices to the Director of Prosecutions, the Chief Secretary of the Delhi government, the Principal Secretary (Home) and the Union Public Service Commission.

The Court was hearing a petition filed by advocate Vikas Verma challenging the advertisement issued by the Director of Prosecution of Government of National Capital Territory of Delhi (GNCTD), inviting only retired prosecutors for engagement as public prosecutors in the Directorate of Prosecution.

Verma argued that a total of 196 posts are being filled through the advertisement dated August 22, bypassing the established process of recruitment through UPSC or other competent authorities.

"The impugned advertisement is arbitrary, illegal, ultra vires, and violative of Articles 14, 16, 19(1)(g) and 21 of the Constitution of India. It amounts to a backdoor entry mechanism only for preferred selected retired Public Prosecutors, who are favourites of the Director of Prosecution, GNCTD," the plea stated.

It contended that the move denies equal opportunity in public employment, excludes thousands of young advocates, including those belonging from marginalized categories to apply, disregards reservation policies and undermines merit, fairness, and transparency in public employment.

"It also imposes a dual financial burden on the State by providing pension as well as contractual remuneration to retired personnel," it was submitted.

Senior Advocate Mohit Mathur along with advocates Amit Saxena, Nitika Gupta, and Prachi Gupta appeared for petitioner Vikas Verma.