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Punjab’s move to introduce SC quota in law officers’ appointment challenged
The high court bench of chief justice Sheel Nagu and justice Sanjiv Berry has sought government’s response on the plea from one Vikas Bishnoi, a Panchkula resident, by August 11
The Punjab and Haryana high court has sought response from the Punjab government on a plea challenging the government’s move to introduce reservation for Scheduled Caste (SCs) category candidates for appointment at state’s Advocate General office.
The high court bench of chief justice Sheel Nagu and justice Sanjiv Berry has sought the government’s response on the plea from one Vikas Bishnoi, a Panchkula resident, by August 11.
The plea seeks quashing of the advertisement issued in April this year and subsequent appointments for the posts of law officers to the AG office, claiming that it was ultra vires (beyond one’s legal power or authority), wherein the total number of contractual posts had been further bifurcated under reserved categories, which was illegal.
Seeking a fresh advertisement, the plea also says these appointments are against the rules framed under the Punjab Law officers (Engagement) Act of 2017.
As many as 57 posts were kept reserved for the SC category in the April 2025 advertisement for the first time in the state. As many as 184 law officers appointed by the government have also been arrayed as party in the case.
The plea says the post of a law officer is not a civil post and also not a state employment.
The reservations contemplated by Article 16(4) of Constitution are limited in their application to public employment/services/posts and not while engaging a professional, such as an advocate.
Such an arrangement is purely contractual and professional in nature, and cannot be categorised as public employment, it says, adding that there is no employer-employee relationship between the state government and law officers.
“…extending reservation to contractual or temporary posts is a contentious issue that undermines meritocracy, administrative efficiency, and opens a pandora’s box for similar kind of reservation for posts of law officers of the others states in the country,” the plea underlines.
