The Delhi High Court has sought responses from the Centre, Delhi government, Union Public Service Commission (UPSC) and the High Court on a PIL challenging the requirement of three years’ practice at the Bar for direct recruitment as Assistant Public Prosecutors (APPs) in the Delhi Directorate of Prosecution.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia issued notices on Wednesday and directed the respondents to file their replies within four weeks.
The Bench also said that the petitioner’s request to allow otherwise eligible candidates to participate in the ongoing recruitment process for 140 APP posts would be considered at the next hearing.
The PIL, filed by Bhumika Trust through advocate Jayant Singh Raghav, challenges the Directorate of Prosecution, GNCTD Assistant Public Prosecutor Recruitment Rules, 2025, notified in January 2026.
The petitioner has argued that the three-year practice requirement excludes otherwise qualified law graduates and newly enrolled advocates from even applying for the posts. It has suggested that professional competence could instead be ensured through induction training, probation, practical attachments and supervised prosecutorial training.
The plea also relies on a recent Supreme Court judgment on the requirement of prior practice for entry-level judicial posts. It refers to the Supreme Court’s August 2026 ruling, which modified the three-year practice requirement for recruitment to the Civil Judge (Junior Division) cadre and allowed structured training and clerkship to form part of the eligibility framework.
“While the constitutional and statutory framework governing judicial service and prosecutorial service is distinct,” the plea states, “the underlying principle assumes relevance” while examining whether three years of Bar practice is the only reasonable way to ensure competence for entry-level public prosecutorial service.
The petitioner has further pointed to recruitment rules in Haryana, Uttar Pradesh and Rajasthan, claiming that similar entry-level prosecutorial posts in these states do not require three years of prior Bar practice.
The PIL has also raised concerns regarding candidates with benchmark disabilities. It states that only eight of the 140 APP vacancies in the ongoing recruitment process are reserved for persons with disabilities.
Additional Solicitor General Chetan Sharma appeared for the Centre, while Delhi government Standing Counsel Sameer Vashisht represented the Delhi government.
Website designed, developed and maintained by webexy