Andhra Pradesh High Court - Amravati
Shaik Arafath, 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 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: 1213 OF 2021
Between:
Shaik Arafath, S/o Shaik Jaleel.
...Petitioner
, AND
1. The State of Andhra Pradesh, rep by Secretary, Law Department, Secretariat,
Velagapudi, Andhra Pradesh.
2. Registrar (Recruitment), High Court Of Andhra Pradesh, Amaravathi.
...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 an order or direction, more particularly in the nature of Writ of Mandamus
declaring Rule 5(2)(a)(i) of Andhra Pradesh Judicial State Service Rules, 2007 as
amended by G.O.Ms.No.29 Dated 28.07.2017 in insisting on 3 years practice as an
advocate as a prerequisite for appearing for the post of Civil Judge (Junior Division) and
Clause Ill (2)Notification. No. 9/2020-RC dated 03-12-2020 as being illegal, arbitrary, in
violation of Articles 14, 19(1)(g), 21 of the Constitution of India, contrary to the judgment
of the Hon'ble Supreme Court in All India Judges Association and Ors. vs. Union of
India (UO!) and Ors. (2002) 4 SCC 247 and in violation of Principles of Natural Justice
and for a consequential direction to the respondents to allow the petitioner to apply and
appear for the examination for the post of Civil Judge (Junior division) vide Notification
No.9/2020-RC dated 03-12-2020, without insisting on 3 years practice as a prerequisite.
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
Respondents to allow the petitioner to apply for the Civil Judge (Junior Division)
examination and appear for the examination vide Notification No.9/2020-RC, dated : 03-
12-2020, without insisting on 3 years of practice as a prerequisite for the same, pending
disposal of WP 1213 of 2021, on the file of the High Court.
IA NO: 2 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 suspend
Rule 5(2)(a)(i) of Andhra Pradesh Judicial State Service Rules, 2007 as amended by
G.O.Ms.No.29 Dated: 28.07.2017 and Clause III (2) of Notification No. 9/2020-RC dated
03.12.2020, pending disposal of WP 1213 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 Virupaksha Dattatreya
Gouda, Advocate for the Petitioner, 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.Suryanadha Reddy
ASSISTANT REGISTRAR
[TRUE COPY// Ain
For SECTION OFFICER
To,
1. The Secretary, Law Department, Secretariat, State of Andhra Pradesh,
Velagapudi, Andhra Pradesh.
2. Registrar (Recruitment), High Court Of Andhra Pradesh, Amaravathi. (1 & 2 by
Spl. Messenger)
One CC to Sri Virupaksha Dattatreya Gouda, Advocate [OPUC]
Two CCs to G.P. for Law, High Court, A.P.(OUT)
Two CCs to the Advocate General, High Court, A.P.
Two spare copies
oa fF &
SP
HIGH COURT
HCJ & CPKJ
DATED: 01/02/2021
ORDER
WP.No.1213 of 2021
DIRECTION
