“Due appointment shall be made within a period of one month”: that is the Jammu and Kashmir government’s assurance, recorded by the High Court of Jammu and Kashmir and Ladakh in a PIL seeking an immediate appointment to the vacant Advocate General post.
Jammu: Told by the Union Territory government on November 5, 2026 that the process of appointing an Advocate General is underway, the High Court of Jammu and Kashmir and Ladakh recorded the statement that the Advocate General post will be filled within one month and listed the public interest litigation for December 8, 2026 [Harsh Dubey v. UT of J&K and Others].
The order in WP(C) PIL No. 12 of 2026 was passed at Jammu by a Division Bench of Chief Justice Dr. Pushpendra Singh Bhati and Justice Rajnesh Oswal.
Vacant since October 2024
The office has had no incumbent since October 18, 2024, when the then Advocate General DC Raina resigned. His resignation followed the swearing-in of the National Conference government led by Chief Minister Omar Abdullah in the Union Territory. No appointment has been made since.
Advocate Harsh Dubey, who appeared in person, filed the PIL asking for directions to the competent authority to take immediate steps to fill the constitutional post. As per the petition, the continuing vacancy is affecting the administration of justice and the discharge of statutory functions attached to the office.
The petition adds that the vacancy has also affected the working of the Jammu and Kashmir Advocates Welfare Fund Trustee Committee, because the Advocate General is its ex officio Chairperson under the Advocates’ Welfare Fund Act, 2001.
The assurance on the record
The submission came from Senior Additional Advocate General Monika Kohli, appearing for the Union Territory, who made it on instructions. The order records:
“Ms. Monika Kohli, learned Sr.AAG, on instructions, submits that the necessary appointment of the Advocate General is in the process and due appointment shall be made within a period of one month. On such statement given on instructions before the Court, let the matter be listed on 08.12.2026.”
Separately, the Bench allowed CM No. 7467 of 2026, an application to array parties. It permitted the substitution and directed that an amended cause title be filed.
Why the order matters
The Advocate General is the highest law officer of a State or Union Territory, advising the government on legal matters and leading its representation before the High Court. Because the statement was made on instructions and now sits in the judicial record, the government’s own one-month deadline can be measured against what happens by the next hearing on December 8.
For now, the Court has not examined the merits of the PIL or issued any direction on the appointment. It adjourned the matter on the strength of the government’s statement.
Case Title: Harsh Dubey v. UT of J&K and Others
Case No.: WP(C) PIL No. 12 of 2026, CM No. 7467 of 2026
Bench: Chief Justice Dr. Pushpendra Singh Bhati and Justice Rajnesh Oswal, High Court of Jammu and Kashmir and Ladakh at Jammu
Date of Order: November 5, 2026
Appearances: Petitioner in person; Senior Additional Advocate General Monika Kohli for the respondents
