Andhra Pradesh High Court - Amravati
Varada Sridhar, vs The State Of Andhra Pradesh, on 1 February, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATIE:
(SPECIAL ORIGINAL JURISDICTION)
MONDAY, THE FIRST DAY OF FEBRUARY, .
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HON'BLE THE CHIEF JUSTICE SRI ARUP KUMAR GOS
AND
THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR
WRIT PETITION NO: 1795 OF 2021
Between:
Varada Sridhar, S/o V. Nageshwara Rao.
.. Petitioner
AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Law Department,
Secretariat, Velagapudi, A.P.
2. The Registrar (Recruitment), High Court of Andhra Pradesh, At Amaravathi, A.P.
Respondents 1 & 2
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue a writ order of direction more particularly one in the nature of Writ of Mandamus,
declaring that the Rule 5 (2) (a) (i) of the Andhra Pradesh State Judicial (Service and
Cadre) Rules, 2007, which brought into - force through the Amendment vide
G.O.Ms.No.29, dt 28-07-2017 issued by the 1** Respondent and also Clause III (a) of
the Notification issued by the 2nd Respondent vide Notification No.9/2020-RC, Dt.03-
12-2020, which is illegal, arbitrary, ultra-virus and also violation of Article 14 and 21 of
Constitution of India and also against the Judgment of Hon'ble Supreme Court 2002 (4)
SCC 247 in All India Judges Association Vs Union of India and consequently set aside
the same.
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to direct 2"
Respondent to accept the Online Application from the Petitioners to Appear in the
Competitive Exam for the Post of Civil Judge (Junior Division) without insisting Eligibility
Criteria of a person who has been practicing as an Advocate for not less than Three (3)
Years Experience as an on the date of the Notification published in the News Paper i.e.,
on 03/12/2020 under Clause Ill (a) of the Notification No.9/2020-RC, Dt.03-12-2020,
issued by the 2"? Respondent, pending disposal of WP 1795 of 2021, on the file of the
High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of M/s. Y.Balaji, Advocate for
the Petitioner, GP for Law"Legislative Affairs for the Respondent No.1 and M/s
V.Himabindu, Standing Counsel for Respondent No.2, the Court made the following.
ORDER:
(Through Video Conferencing)
Heard learned counsel for the parties.
In W.P. (C) No.1479 of 2020 pending before the Hon'ble the Supreme Court,
it appears that the petitioner therein had questioned the eligibility requirement of
three years' practice as an Advocate and had also challenged Rule 5 (2) (a) (i) of
the Andhra Pradesh State Judicial Service Rules, 2007, amended on 28.07.2017.
The subject matter of challenge before the Hon'ble Supreme Court is
substantially the subject matter of challenge in this batch of writ petitions.
It is submitted that the aforesaid writ petition, before the Hon'ble Supreme
Court, is due to be listed on 12.02.2021.
In that view of the matter, we consider it appropriate to defer consideration
of this batch of writ petitions and direct the Registry to list the same on
22.02.2021."
_Sd/-M.Suryanadha Reddy
ASSISTANT REGISTRAR
ITTRUE COPYI/ SECTION OFFICER
To,
1. The Principal Secretary, State of Andhra Pradesh, Law Department,
Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh.
2. The Registrar (Recruitment), High Court of A.P., Amaravathi. (1 & 2 by Spl. Messenger)
3. Two CCs to the G.P. for Law, High Court of A.P., (OUT)
4. One CC to M/s. Y Balaji, Advocate (OPUC)
5. One CC to M/s.V.Himabindu, Standing Counsel (OPUC)
6. Two spare copies.
MSB
.
HIGH COURT
HC,J & CPK,J
DT.01.02.2021
ORDER
W.P.No. 1795 OF 2021.
INTERIM DIRECTION
g 16 FEB 2021
