Law officers’ appointment: Punjab withdraws petition challenging NCSC order

The Punjab government in May had written to the NCSC that reservation is not applicable while engaging various categories of law officers in the AG office

The Punjab Government on Thursday withdrew its petition filed before the Punjab and Haryana high court that challenged an order of the National Commission for Scheduled Castes (NCSC) concerning the appointment of law officers. The NCSC in its order had directing the state government to provide for reservation to scheduled caste (SC) candidates while filling the posts in the office of advocate general.

During resumed hearing on Thursday, the Punjab government’s petition was ordered to be “dismissed as withdrawn”

During resumed hearing in the case before the bench of justice Mahabir Singh Sindhu on Thursday, the petition was ordered to be “dismissed as withdrawn”. The detailed order is awaited. Earlier, on July 11, the high court had sought a response from both the Centre and NCSC on the state government’s plea, questioning as to why the commission’s order should not be stayed.

The Punjab government in May had written to the commission that reservation to SC candidates is not applicable while engaging various categories of law officers in the AG office. However, on June 13, the NCSC reiterated that reservation be provided. Since the Aam Aadmi Party (AAP) government took over in March, law officers’ appointments are held up. The government had invited applications, but in view of this litigation, it has not notified the engagements. As an interim measure, extension has been given to those appointed during the previous Congress regime.

The NCSC proceedings originated after an advocate approached it in 2021, alleging that the state government is not giving reservation in recruitment/appointment/engagement of law officers in the AG office. In August 2021, the commission asked the state government to implement the reservation policy. The government had earlier argued in court that the matter has already been settled by the Supreme Court, wherein it has been held that the reservation policy of the state is not applicable to the engagement of law officers as per provisions of the Punjab Law Officers Act, 2017.