Muppiri Saran, vs State Of Andhra Pradesh,
2021 Latest Caselaw 484 AP

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATL oe

MONDAY, THE FIRST DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE ~
: PRESENT:
THE HONOURABLE THE CHIEF JUSTICE SRI ARUP KUMAR GOSWAML
AND
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR_
WRIT PETITION NO: 610 OF 2021

 

Between:

1. Muppiri Saran, S/o M.V. Bhaskara Rao, Aged 25 years, Occupation. Advocate,
(AP/1001/2017), D.No..12-164, Janapadu Road, Pidugualla, Guntur District,
Andhra Pradesh-522413.

2. Rayavarapu Durga Latha Sri, D/o R.V. Suryanarayana, Aged 25 years,
Occupation. Advocaate, (AP/ 1815/2018), Flat No.. D4, Santhosh Residency,
Bypass Road, Palakol, West Godavari District, Andhra Pradesh- 534260.

3. Adivi Sravani Kamala Priyanka, D/o A.VenkataRamana, Aged 24
years,Occupation. Advocate, (TS/3410/2018),11-225,NGO'S Colony, Kaikalur,
Krishna District, Andhra Pradesh - 521333.

4. Vakati Venkata Gnanusha, D/o V.Janardhan, Aged.24 years, Occupation,
Advocate, (AP/1095/2018), Plot No.15, Bapuji Nagar, Kavali, S.P.SR Nellore
District, Andhra Pradesh-524201.

5. Shaik Babajan, S/o Shaik M Basha, Aged 24 years, Occupation, Advocate, (AP/
2242/2018),D.No.20/207-c3, Vijayanagar, NearPadmavathi Hospital, Guntakal,
Andhra Pradesh- 5158071.

Petitioners --
AND

4. State of Andhra Pradesh, Rep. by its Principal Secretary, LAW (LA & J SC.F)
Department, Secretariat, Velagapudi, Guntur District

2. The Registrar (Recruitment), High Court for the State of Andhra Pradesh,
Nelapadu, Amaravathi, Guntur District.

Respondents--

Petition under Article 256 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,
declaring Rule.5(2)(a)(i) of the Andhra Pradesh State Judicial Service Rules 2007 (as
amended vide G.O.Ms.No.29 dated 28.07.2017 issued by Law (LA & J - SC.F)
Department of Respondent No.1) and the consequential Notification No.9/2020-RC
dated 03.12.2020 issued by the Respondent No.2 herein to the extent of mandating the
applicants to be practicing as an Advocate for not less than 3 years as on the date of
publication of the notification / advertisement in news papers as illegal, arbitrary, unjust,
unconstitutional violation of the judgment of Hon'ble Apex Court and accordingly set-
aside the same in the interest of justice .-

IA NO: 4 OF 2021 ~~ L |

Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to suspend the
impugned Rule.5(2)(a)(i) of Andhra Pradesh State Judicial Service Rules, 2007 (as
amended vide G.O.Ms.No.29 dated 28.07.2017 issued by Law (LA & J - SC.F)
Department of Respondent No.1) and Clause Il! (a) of Notification No.9/2020-RC dated.
03.12.2020 issued by the Respondent and consequently direct the Respondent No.2 to
allow the Petitioners to apply for the posts mentioned in the said notification, pending
disposal of WP 610 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 ARUVA RAGHURAM
MAHADEV. Advocate for the Petitioners, and of GP FOR LAW LEGISLATIVE AFFAIRS
for the ReSpondent No.1, and Standing Counsel for High Court of AP 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.RameshBabu So

_ ASSISTANT REGISTRAR ITTRUE COPY// 1 For SECTION FICER

1. The Principal Secretary, LAW (LA & J SC.F) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District

2. The Registrar (Recruitment), High Court for the State of Andhra Pradesh,_

Nelapadu, Amaravathi, Guntur District. (Addresses 1 and 2 by RPAD)

One CC to SRI. ARUVA RAGHURAM MAHADEV Advocate [OPUC] ~~

Two CCs to GP FOR LAW LEGISLATIVE AFFAIRS »High Court Of Andhra

Pradesh. [OUT] Hey Cor

One CC to Standing Counsel for AP [OPUC]

One copy to Registrar (Recruitment), High Court of AP ---

Two spare copies _

To,

=» &

NO

HIGH COURT

HCJ

CPKJ

DATED:01/02/2021

LIST ON 12-02-2021

ORDER

WP.No.610 of 2021

DIRECTION