Delhi HC issues notice to govt on plea challenging APP appointment rule

The Delhi High Court issued a notice to the Delhi government on a plea challenging a rule allowing 15% deputation/contractual appointments for Additional Public Prosecutors, which the petitioner claims violates the BNSS and service rights.

New Delhi [India], October 2 (ANI): The Delhi High Court has issued notice to the Delhi government on a plea challenging a provision allowing 15 per cent deputation/short-term contractual engagement in the appointment of Additional Public Prosecutors (APPs). A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the order on September 30, 2026, while allowing petitioner Shipra Mishra's application seeking an early hearing of the petition. The court directed the Delhi government to file its affidavit in reply within two weeks, after which the petitioner will have two weeks to file her response, if any. The matter has been listed for November 4, 2026.

Grounds for the Challenge

The petition challenges the Delhi Gazette Notification dated April 2, 2026, which provides for appointment of Additional Public Prosecutors through 85 per cent promotion and 15 per cent deputation/short-term contractual engagement. Mishra, through advocates Dr Hemant Gupta, Rony John and Akash Aggarwal, has contended that the 15 per cent provision is contrary to Section 18(6) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. According to the petition, Section 18(6) requires Public Prosecutors or Additional Public Prosecutors to be appointed from the regular cadre of prosecuting officers where such a cadre exists. The petitioner has argued that Delhi already has an established cadre of prosecuting officers, including Assistant Public Prosecutors eligible for promotion, and has questioned the creation of a separate channel for deputation or short-term contractual appointments.

The plea has also challenged the manner in which the provision was introduced, alleging that the draft recruitment rules circulated for prior consultation did not contain the 15 per cent deputation provision and that the provision was subsequently incorporated into the final notification. Mishra has further contended that the provision affects the promotional avenues and service rights of existing cadre officers and violates Articles 14 and 16 of the Constitution. The petitioner has sought quashing of the April 2 notification to the extent that it permits 15 per cent deputation/contractual engagement and has sought directions to the Delhi government to re-notify the recruitment rules in conformity with Section 18(6) of the BNSS.

Court Proceedings and Next Steps

The Delhi government was represented by Avnish Ahlawat, Tania Ahlawat, Nitesh Kumar Singh, Aliza Alam and Mohnish Sehrawat. The High Court has not expressed any opinion on the merits of the challenge. It has only issued notice and sought the Delhi government's response. The court also directed that the petitioner's application seeking a stay on the notification would be heard on the next date of hearing. The matter is now scheduled for November 4, 2026. (ANI)

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