The Delhi High Court has issued a notice to the Delhi government concerning a petition challenging the 15 per cent deputation or short-term contractual quota in the appointment of Additional Public Prosecutors (APPs).
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the order on September 30, 2026, while allowing petitioner Shipra Mishra’s application for an early hearing of the case. The court directed the Delhi government to file its affidavit in response within two weeks, after which the petitioner will have two weeks to submit a reply. The matter has been scheduled for November 4, 2026.
The petition contests the Delhi Gazette Notification dated April 2, 2026, which provides for the appointment of Additional Public Prosecutors through 85 per cent promotion and 15 per cent deputation or short-term contractual engagement. Mishra, represented by advocates Dr Hemant Gupta, Rony John and Akash Aggarwal, has argued that the 15 per cent provision is contrary to Section 18(6) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
According to the petition, Section 18(6) mandates that Public Prosecutors or Additional Public Prosecutors must be appointed from the regular cadre of prosecuting officers where such a cadre exists. The petitioner states that Delhi has an established cadre of prosecuting officers, including Assistant Public Prosecutors eligible for promotion, and questions the introduction of a separate deputation or contractual channel.
The plea also challenges the process by which the provision was introduced, alleging that the draft recruitment rules circulated for prior consultation did not include the 15 per cent deputation quota, which was subsequently inserted into the final notification. Mishra claims the provision affects promotion opportunities and service rights of existing cadre officers and violates Articles 14 and 16 of the Constitution.
The petitioner seeks the quashing of the April 2 notification insofar as it permits the 15 per cent deputation or contractual engagement, and requests that the Delhi government be directed to re-notify recruitment rules in accordance with Section 18(6) of the BNSS.
The Delhi government was represented by Avnish Ahlawat, Tania Ahlawat, Nitesh Kumar Singh, Aliza Alam and Mohnish Sehrawat.
The High Court has not expressed any opinion on the merits of the challenge, having only issued notice and sought the government’s response. The court also directed that the petitioner’s application seeking a stay on the notification will be heard on the next date, November 4, 2026.