PIL in Delhi High Court against 3-year Bar experience for appointment as Assistant Public Prosecutors

A public interest litigation (PIL) petition has been filed before the Delhi High Court challenging the requirement of three years’ practice at the Bar for direct recruitment to the post of Assistant Public Prosecutor (APP) in the Delhi Directorate of Prosecution..A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia on Wednesday sought a response to the PIL from the Central and Delhi governments, the Union Public Service Commission (UPSC) and High Court of Delhi.The Court has directed the governments and the High Court to file their replies in four weeks.The Bench added that the petitioner's plea to permit otherwise qualified candidates to participate in the ongoing recruitment process for 140 APPs will be considered on the next date of hearing..The High Court was hearing a PIL petition filed by Bhumika Trust. The plea challenged the three-year practice requirement under the Directorate of Prosecution, GNCTD Assistant Public Prosecutor Recruitment Rules, 2025, notified in January 2026. It argues that the requirement arbitrarily excludes otherwise qualified law graduates and newly enrolled advocates from even participating in the recruitment process. It argues that professional competence can instead be ensured through structured induction training, probation, practical attachments and supervised prosecutorial training.The petitioner has relied on the recent Supreme Court judgment concerning mandatory practice requirements for entry-level judicial posts. It referred to the top court's August 2026 judgment modifying the three-year practice requirement for recruitment to the Civil Judge (Junior Division) cadre and permitting structured training and clerkship as part of the eligibility framework."The Petitioner respectfully submits that while the constitutional and statutory framework governing judicial service and prosecutorial service is distinct, the underlying principle assumes relevance while examining whether three completed years of Bar practice constitute the only reasonable and proportionate means of ensuring competence for entry into public prosecutorial service," the plea states. The petition also points to recruitment rules in Haryana, Uttar Pradesh and Rajasthan, where similar entry-level prosecutorial posts do not require three years of prior Bar practice.The plea further raises concerns regarding persons with benchmark disabilities, noting that only eight of the 140 APP vacancies in the ongoing recruitment are reserved for PwD (persons with disabilites) candidates...The PIL has been filed through advocate Jayant Singh Raghav. Additional Solicitor General (ASG) Chetan Sharma appeared for the Central government. The Delhi government was represented through its Standing Counsel Sameer Vashisht.