Andhra Pradesh High Court - Amravati
Pallepagu Devi Priya vs The State Of Andhra Pradesh on 1 February, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
Se
ve
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE FIRST DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE THE CHIEF JUSTICE SRI ARUP KUMAR GOSWAMI
AND
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
WRIT PETITION NO: 1252 OF 2021
Between:
Pallepagu Devi Priya, D/o. Pallepagu Sreenath.
Malapati Pawan Kumar, S/o. Chandraiah Naidu.
Singam V.Goutham Reddy, S/o. Singam Venkata Sridhar Reddy.
Appayapalle Gouthami Sangamitra, D/o. A.Sampath Kumar.
Lakshmipuram Lavanya, D/o. L.Narayana Rao.
N.N.Nandini, D/o. N.N.Munendra Babu.
G.Lokesh, S/o. G.Sambasivudu.
NOaRWN>
..Petitioners
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Law (LA and J
SC.F.) Department, Secretariat, Velagapudi, Amaravathi, Guntur District
2. The High Court of Andhra Pradesh, Amaravathi, Guntur District. Rep. by its
Registrar (Recruitment)
~ ...Respondents
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 or direction more particularly one in the nature of writ of Mandamus to
declare the action of the respondent No.1 in issuing G.O.Ms.No.29, dated 28.07.2017
amending the A.P. State Judicial Service Rules, 2007 prescribing the three years of
standing as an Advocate for appointment to the post of Junior Civil Judge by direct
recruitment and consequently the action of the respondent No.2 in issuing the
notification No.9/2020-RC dated 03.12.2020 prescribing the three years of practice as
an Advocate for appointment to the post of Civil Judge (Junior Division) under Direct
Recruitment as arbitrary, illegal and contrary to judgment of the Honble Apex court
reported in 2002 (4) SCC 247 in All India Judges Association Vs Union of India and
consequently set aside the Rule 5 (a) (i) of A.P.State Judicial Service Rules, 2007 and
the qualification No.lll (a) prescribed in notification No.9/2020-RC dated 03.12.2020
issued by the 2nd respondent and direct the respondent No.2 to allow the petitioners to
submit the applications in pursuant to the notification No.9/2020-RC dated 03.12.2020
for appointment to the post of Civil Judge (Junior Division) under direct recruitment
without insisting of three years of practice as an advocate in the interest of justice.
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 the
respondent No.2 to allow the petitioners to submit the applications and participate for
selections to the post of Civil Judge (Junior Division) in pursuant to the ntifeation
No.9/2020-RC dated 03.12.2020 without insisting of three years of practice as ar
Advocate, pending disposal of WP 1252 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 Sri P Nagendra Reddy,
Advocate for the Petitioners, G.P. for Law for the Respondent No.1 and Standing
Counsel for High Court 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.Suryanadh
. aR
ASSISTANT REGISTRAG®
IITRUE COPY// | EC ION OFFICER
For, | -
To,
1. The Principal Secretary, Law (LA and J SC.F.) Department, Secretariat,
Velagapudi, State of Andhra Pradesh, Amaravathi, Guntur District .
2. The Registrar (Recruitment), High Court of Andhra Pradesh, Amaravathi, Guntur
'District. (1 & 2 by Spl. Messenger)
3. One CC to Sri P Nagendra Reddy, Advocate [OPUC]
4. Two CCs to G-P. for Law, High Court, A.P.(OUT)
5. -twe-CCs_to the Advocate-General-High-Courn-A-P-
& Two spare copies
SP
an
fi
HIGH COURT
HCJ & CPKJ
DATED: 01/02/2021
ORDER
WP.No.1252 of 2021
DIRECTION
