Here's a breakdown of the court's decision about the requirement for Assistant Public Prosecutors in Puducherry. Let's dive into what happened and why the court ruled the way it did.
S. Samuel Selvaraj, who finished his law degree in 2018, applied for the position of Assistant Public Prosecutor in Puducherry. However, his application was turned down because he didn't have the required 7 years of experience. He argued that this rule was unfair and against the law.
"S. Samuel Selvaraj was informed that his application has been rejected because he had less than 7 years of practice."
Selvaraj's lawyer, Mr. D. Senthilkumar, claimed that the 7-year requirement was not backed by law. He pointed out that while the Bharatiya Nagarik Suraksh Sanhita requires 7 years for Public Prosecutors, it does not specifically mention this for Assistant Public Prosecutors.
"The action of the second respondent prescribing 7 years of experience... is without authority of law."
The government, represented by Mr. S. Raveekumar and Mr. Ramaswamy Meyyappan, argued that the rules clearly stated the need for 7 years of experience. They said Selvaraj's application was correctly rejected based on these rules.
The court, led by Judges P. Velmurugan and G. Arul Murugan, dismissed the request. They noted that Selvaraj had not challenged the rule when it was first established in 2021. The court found that he did not have a strong legal basis to demand a new job announcement.
"S. Samuel Selvaraj has not approached this Court with clean hands... he is not entitled to the relief as sought."
The court's decision means that the 7-year rule remains in place. S. Samuel Selvaraj can still explore other legal options if he wishes, but for now, the requirement for Assistant Public Prosecutors in Puducherry stays the same.
