A Public Interest Litigation (PIL) has been initiated in the Delhi High Court, challenging the mandate of three years of Bar practice as a prerequisite for the role of Assistant Public Prosecutor (APP) within the Delhi Directorate of Prosecution. The Division Bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, has called for responses from the Central and Delhi governments, the Union Public Service Commission (UPSC), and the High Court of Delhi regarding this petition.
The court has allotted a four-week period for these entities to submit their replies. Meanwhile, the Bench has indicated that it will deliberate on the petitioner’s request to allow otherwise qualified candidates to participate in the ongoing recruitment for 140 APP vacancies during the next hearing.
The PIL, filed by Bhumika Trust, questions the stipulation set by the Directorate of Prosecution, GNCTD Assistant Public Prosecutor Recruitment Rules, 2025, which were issued in January 2026. The petition argues that this requirement unfairly excludes law graduates and newly enrolled lawyers from the recruitment process, suggesting that professional competence could be achieved through structured induction training, probationary periods, practical attachments, and supervised training instead.
In support of their argument, the petitioners have cited a recent Supreme Court ruling that revisited the mandatory practice criteria for entry-level judicial roles. The Supreme Court’s decision in August 2026 adjusted the three-year practice requirement for Civil Judge (Junior Division) positions, allowing structured training to form part of the eligibility criteria.
The plea asserts, “The Petitioner respectfully submits that while the constitutional and statutory framework governing judicial service and prosecutorial service is distinct, the underlying principle assumes relevance while examining whether three completed years of Bar practice constitute the only reasonable and proportionate means of ensuring competence for entry into public prosecutorial service.”
Additionally, the petition highlights that states like Haryana, Uttar Pradesh, and Rajasthan do not impose a similar three-year Bar practice requirement for comparable prosecutorial roles. It also raises concerns about the limited reservation for candidates with disabilities, noting that only eight of the 140 APP positions are designated for PwD candidates.
The PIL has been filed through advocate Jayant Singh Raghav. On behalf of the Central government, Additional Solicitor General (ASG) Chetan Sharma appeared, while the Delhi government was represented by its Standing Counsel, Sameer Vashisht.
