Combined Appointment Of Government Pleader And Public Prosecutor On Basis Of Notification Meant Only For Former Is Invalid
A recruitment notification inviting applications only for the post of District Government Pleader cannot serve as the basis for a combined appointment to the post of Public Prosecutor as well. Ambiguity between the subject line and the body of a notification is a fundamental defect — not a curable irregularity — where eligible candidates specialising in criminal law may have been misled into believing a separate recruitment would follow. Such omission effectively excludes eligible advocates from consideration and violates the statutory scheme governing appointment of Public Prosecutors under Section 18 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Kerala Government Law Officers Rules, 1978.
