New Delhi: The Rajasthan High Court has issued a notice to the state government after an advocate filed a petition, challenging the appointment of Padmesh Mishra as Additional Advocate General (AAG) for the state of Rajasthan at the Supreme Court.
Padmesh Mishra is the son of Justice PK Mishra, Judge of the Supreme Court, reported LiveLaw.
A bench of Justice Anil Kumar Upman recently heard the plea.
The petitioner has said that Padmesh Mishra was appointed as AAG despite not having the required experience for being eligible for the post in accordance with the State Litigation Policy 2018.
Section 14 of the aforementioned Policy makes it mandatory to have a minimum experience of five years of practice before being eligible for appointment as a panel lawyer at the Supreme Court. For the appointment as an AAG, the eligibility criteria is ten years of practice.
The petitioner has said that Padmesh Mishra, as per his enrolment number has five years of practice.
In the Plea, the petitioner has alleged that the Law Department issued a notification and introduced a new sub-section 14.8 in the Policy which provided that ‘notwithstanding anything contained in the Policy, the authority of the appropriate level shall have power to appoint any counsel to any post after considering his expertise in the respective field.’
Thereafter, Padmesh Mishra was at first appointed as a Panel Lawyer at the Supreme Court by a notification dated August 20. But just three days later, the notification was withdrawn and new notifications were issued on August 23 for change in policy and his subsequent appointment as AAG, reported LiveLaw.
The petitioner has prayed for an immediate stay on Padmesh Mishra officiating as the AAG and on the notification pertaining to the change in policy.
