Section 21(1) in Conduct of the Government Litigation, Rules, 2000
(1)(a)Whenever a notice or notice of motion in a Writ Petition is served on the Government Advocate concerned in the High Court on behalf of the State, he shall pm the same day s far as possible, and latest by next day forward copies of the notice accompanied by the copy of Rule i.e. order, the Court and connected Writ Petition, affidavit and other annexures to the administrative department concerned and to the Legal Remembrancer or the Joint Legal Remembrancer, Law Department.(b)He shall also apprise the administrative department concerned on any of the following points:-(i)Vires or legality of any legislative enactment or statutory rule has been challenged;(ii)Executive orders or executive actions of Government and/or its officers have been challenged and the matters is such which not only affects the rights of the rival parties, but also the interest of Government;(iii)Any taxation matter has been challenged;(iv)Any application for stay or any interim order has been made.(c)He shall, on finding that the Writ Petition falls under any one or more of the above points, put in appearance in the High Court on behalf of the State, at the admission stage without waiting for instructions from the administrative department or the Legal Remembrancer or the Joint Legal Remembrancers, Law Department. Where he finds that the question is between two private parties and Government's interest is not involved, he shall in the first instance obtain instructions from the administrative department concerned and then file appearance before the High Court for bringing the facts about Government's non-involvement in the case to the notice of the High Court.(d)In other Writ Petitions he shall file appearance in which the State is impleaded as a party, and obtain adjournment, if no instructions from the administrative department concerned are received by him in time.
