Section 22 in Conduct of the Government Litigation, Rules, 2000
22. Conduct of Writ Petition.
(1)Important points respecting the conduct of Writ Petition:-(a)In view of the expeditious and summary nature of the proceeding, prompt action is necessary at every stage of the Writ Petition on the part of the Government Advocate concerned in the High Court as well as the administrative department and the Government officer concerned.(b)The administrative department concerned shall depute the competent officer with all instructions and record or such other materials as may be required by the Advocate General/Government Advocate concerned in the High Court. The Government Advocate concerned shall intimate well in advance, as far as possible in writing and where there is no sufficient time then on phone, to the competent officer concerned about the date on which the part heard case is subsequently brought on the list so as to enable the competent officer concerned to be prepared to instruct the Government Advocate concerned on the date fixed for hearing. The competent officer shall not be detained unnecessarily by the Government Advocate concerned unless his presence is essential.(c)Whenever the questions of making a concession or giving an undertaking before the High Court on behalf of the State or a Government officer arises, the Government Advocate concerned in the High Court shall obtain a suitable adjournment and refer the matter to the administrative department concerned for expeditious scrutiny and examination of the pros and cons in consultation with the Legal Remembrancer or the Joint Legal Remembrancer, Law Department if necessary. This does not, however, preclude the Advocate General/Government Advocate concerned in the High Court from conceding obvious points of law during the course of arguments. However, the invalidity or unconstitutionality or any statue, rule, Ordinance or any Government Resolution, order etc. shall never be conceded before obtaining instructions of the Legal Remembrancer, Law Department.(d)All interim orders passed by the High Court shall be communicated in writing by the Government Advocate concerned in the High Court direct to the party concerned for prompt compliance.(e)The affidavits to be filed in the interlocutory applications such as -(i)Application for grant, vacation or modification of stay orders,(ii)Expedite applications;(iii)Applications for getting the Writ Petitions dismissed on account of having been infructuous, shall be drafted by the Government Advocate concerned in the High Court after obtaining instructions from the administrative department and Government officer concerned.
