State Of U.P. And Anr vs Johri Mal on 21 April, 2004
In State of U.P. and others vs. Johri Mal (supra) Court said that Government Counsels do not enjoy statutory rights with respect to renewals of tenures and State Government enjoyed discretionary powers in this respect. In such matter, Courts must be circumspect in exercise of judicial review. The curial performance of advocates should not be the sole criterion for their reappointment as Government Counsel and that State Government must be free to repose trust and confidence in the persons whom they choose to appoint as its advocates. Further, engagement of a Government Counsel does not bring within its ambit concept of public office. In the matter of such empanelment, choice is that of Government and none can claim a right to be appointed. That must necessarily be so because it is a position of great trust and confidence.