Times News NetworkJaipur: Supreme Court upheld Rajasthan High Court’s order clearing the appointment of Padmesh Mishra as additional advocate general (AAG) and dismissed the challenge questioning his eligibility on the ground that he did not have the 10 years’ legal practice prescribed under Rajasthan State Litigation Policy, 2018.A bench comprising Justice Aravind Kumar and Justice Vipul Pancholi dismissed the Special Leave Petition (SLP) filed by advocate Sunil Samdariya, thereby refusing to interfere with HC’s orders that had upheld Mishra’s appointment.Mishra was appointed by Rajasthan govt on Aug 23, 2024, to represent the state in matters before SC. He is the son of SC judge Justice Prashant Kumar Mishra.The appointment had been challenged on the ground that Mishra did not possess the 10 years’ legal practice prescribed for an AAG under Rajasthan State Litigation Policy, 2018.Samdariya had filed a quo warranto petition before HC, challenging both Mishra’s appointment and govt’s insertion of Clause 14.8 into the litigation policy on the same day as his appointment.Earlier, High Court’s single bench dismissed Samdariya’s petition on Feb 4, 2025, holding that govt could exercise the power under Clause 14.8 and that there was no material to establish arbitrary exercise of that power. Later, a division bench of HC dismissed his appeal on Dec 2, 2025, following which he approached SC. Then HC had also held that Rajasthan State Litigation Policy was essentially a guideline governing the state’s conduct of litigation, and not a statutory law imposing mandatory qualifications for appointment of govt counsel.
