Madras HC seeks report from State on plea alleging TN law officers' appointments influenced by AICC

The Madurai Bench of the Madras High Court on Tuesday asked the Tamil Nadu government to file a status report in a plea alleging that law officer appointments in the State are being influenced by political considerations. [C Selvakumar Vs State of Tamil Nadu]..A Bench of Justices Satish Kumar and Jothiraman passed the order in a plea filed by advocate C Selvakumar in a pending public interest litigation challenging the appointment of law officers for the Madras High Court and its Madurai Bench.The petitioner claimed that a document has been circulating on social media containing the names of advocates recommended by the Law Department of the All India Congress Committee for various State counsel posts.As per the plea,"It has come to my knowledge that the respondents are actively considering a list of advocates recommended by a political party (AICC Law Department) for appointment as Law Officers. This recommendation, evidenced by the document, which is spreading through social media, violates the principles of meritocracy and transparency mandated by the Hon'ble Supreme Court in Mamata Mohanty v. State of Orissa.".Selvakumar alleged that such appointments are being made in violation of the Law Officers of High Court of Madras and its Bench at Madurai (Appointment) Rules, 2017.The plea was filed after the State made temporary law officer appointments in May.On May 15, the State appointed Senior Advocates PV Balasubramaniam and T Gowthaman as counsel for the government in the rank of Additional Advocate General. Senior Advocate R John Sathyan was also appointed as counsel for the State on the criminal side on a temporary basis.These appointments were made under Rule 5(11) of the 2017 Rules until regular law officers are selected and appointed under the rules..On May 26, the State also issued an order appointing 17 temporary counsel on the civil side for the Government of Tamil Nadu, attached to the office of the State Government Pleader at the Madras High Court and the Government Pleader at the Madurai Bench..Meanwhile, the Tamil Nadu Home Department issued a notification on May 25, inviting applications for Government Advocate posts on the criminal side for the Madras High Court and its Madurai Bench..According to Selvakumar, while the main PIL continues to remain pending, the State is considering a list of advocates recommended by political entities for appointment as law officers..The enclosed contains names of 181 advocates to represent the State before the Supreme Court, Madras High Court and district courts across Tamil Nadu.The posts mentioned in the list include Additional Advocate General, Standing Counsel, Special Government Pleader, Government Advocate, Additional Public Prosecutor and other panel positions..Selvakumar contended that appointments based on such recommendations would defeat transparency and meritocracy in the selection of law officers.He also argued that allowing the recruitment process to continue during the pendency of the PIL may create third-party rights and defeat the purpose of the case.The Court after considering the submissions sought the State's response.