Andhra Pradesh High Court - Amravati
Thinnaluri Kondaiah, 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 AMARAVATL-
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: 24812 OF 2020 _
A ip ©
Between:
1. Thinnaluri Kondaiah, S/o. Narasaiah, Aged about 25 years, D.No'14-63-7, |
Velluvoluvariveedi, Morrispet, Tenali, Guntur District.
2. Pammi Radha Kiranmayi, W/o. Siva Swaroop, Aged about 25, D. No 24-11-22/2,. 7 -
Court street, Sreeramapuram, Bhimavaram, West Godavari District.
3. Vanaparthi Sandhya, D/o. Satyanarayana, Aged about 28, 2nd street Reporters
Colony, Veterinary Hospital Road, JagayyaCheruvu, Pithapuram, East Godavari
District,
4. Akula Swetha, D/o. Venkatachalam, Aged about 26, D.No 12-1-21, Gantapalem,
Ongole, PrakasamDistrit,
5. Sanagapalli Naga Venkata Anil Kumar, S/o. Seetharamanjaneyulu, aged about
27, D.No LIG-295, AP Housing Board Colony, Mamidipalem,Ongole, Prakasam
District,
6. Irshad Ahmad Shaik, S/o.Jamsheer Ahamed, aged about 25, D.No 8-292,
Duttalurivari street, Kothapeta, Kanigiri, Prakasam District,
7. Bellam Lakshmi Harish, S/o. Veeranarayana, Aged about 33 years, D.No 36-1-
17/1, EemaniPalem, AnkammaPalem, Ongole, Prakasam District,
8. Muttam Anji Reddy, S/o. Venkata Reddy, Aged about 27 years, VeldurthiVeillage
and Mandal, Guntur District.
.... Petitioners
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department,
Secretariat ,Velagapudi, Amaravati, Guntur District.
2. The State of Andhra Pradesh, Rep. by its Chief Secretary, LAW (LA and JSC.F)
Department, Secretariat, Velagapudi, Amaravati, Guntur District,
3. The Registrar (Recruitment), High Court of Andhra Pradesh, Amaravathi, Andhra
Pradesh.
....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 of Mandamus or any other appropriate Writ or direction declaring the Rule
5(2)(a)(i) of the Andhra Pradesh Judicial Service Rules 2007, has substituted through
amendment vide G.O. Ms. No. 29.,dt. 28-07-2017, which mandates three years practice
as an Advocate as one of the accentual pre-requisite condition to be eligible for
appointment to the category of Civil Judge(Junior Division) and in particular , clause
IIi(a) of the recruitment notification No.9/2020-RC, dt. 03-12-2020, for the post of Civil
Judge (Junior Division) issued by the 3rd respondent here in as being illegal, arbitrary,
unconstitutional, ultra virus, and contrary to Apex Court Judgment rendered in All India
Judges Association and others Vs. Union of India and consequently set aside the sale
and further direct the 3rd respondent herein to forthwith allow the petitioners herein to
appear in the competitive exam for the post of Junior Civil Judge without insisting three
years experience certificate as notified vide the notification No.9/2020-RC , dt.03-12-
2020 of the 3rd respondent herein;
IA NO: 1 OF 2020
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 direct the 3rd
respondent herein to forthwith allow the petitioners herein, by receiving Petitioners
a
.
applications, to appear in the competitive exam for the post of civil Judge (Junior
Division) with out insisting three years experience as notified vide the notificationNo.9-
2020-RC, dt. 03-12-2020 of the 3rd respondent, in the interest of justice pending
disposal of the above Writ Petition No.24812 of 2020, 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 Maheswari Arika
Advocate for the Petitioners, and of GP for Law Legislative Affairs for the Respondents
and 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
22.02.2021.%-- OS
Sd/-M.RameshBabu
ASSISTANT REGISTRAR
ITTRUE COPY// Bee
To, SECTION OFFICER
1. The Principal Secretary, Law Department, Secretariat ,Velagapudi, State of _
Andhra Pradesh,Amaravati, Guntur District.
2. The Chief Secretary, LAW (LA and JSC.F) Department, Secretariat, Velagapudi, ~
State of Andhra Pradesh, Amaravati, Guntur District.
3. The Registrar (Recruitment), High Court of Andhra Pradesh, Amaravathi, Andhra---
Pradesh.(RR 1 to 3 by Special Messenger)
One CC to Sri. Maheswari Arika Advocate [OPUC] --
Two CCs to GP for Law and Legislative Affairs ,High Court Of Andhra Pradesh. ~
[OUT]
6. One spare copy
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HIGH COURT
"HCJ &
CPKJ
DATED:01/02/2021
ORDER
WP.No.24812 of 2020
DIRECTION
