Andhra Pradesh High Court - Amravati
Vadlapatla Disha Chowdary, vs The State Of Andhra Pradesh, on 1 February, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
sonst
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI .
(Special Original Jurisidiction) Hos
MONDAY, THE FIRST DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE woe
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THE HONOURABLE THE CHIEF JUSTICE SRI ARUP KUMAR GOSWAMI... ="
AND
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
WRIT PETITION NO: 24333 OF 2020
Between:
Vadlapatla Disha Chowdary, D/o V. Lokanadha Naidu, aged about 22 years, Occ:
Advocate, R/o D.No.22-174/1, Mallikarjuna Colony, Kattamanchi, Chittoor Town &
District.
...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 III (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
(UOl) 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 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
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-
42-2020, without insisting on 3 years of practice as a prerequisite for the same, pending
disposal of WP 24333 of 2020, on the file of the High Court.
IA NO: 2 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 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 II! (2) of Notification No. 9/2020-RC dated
03-1272020, pending disposal of WP 24333 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 Virupaksha Dattatreya
Gouda Advocate for the Petitioner, and of GP for Law Legislative Affairs for the
Respondent No.1 and Standing Counsel of High Court for R.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
I(TRUE COPY//
To, SECTION OFFICER
1. The Secretary, Law Department, Secretariat, Velagapudi, State of Andhra
Pradesh, Andhra Pradesh.
Registrar (Recruitment), High Court of Andhra Pradesh, Amaravathi.(for R.1 and
R.2 by Special Messenger)
One CC to Sri. Virupaksha Dattatreya Gouda Advocate [OPUC]
Two CCs to GP for Law Department, High Court Of Andhra Pradesh. [OUT]
Two CCs to Standing Counsel for High Court Of Andhra Pradesh. [OUT]
One spare copy
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Ooh Ww
PR
HIGH COURT
HCJ &
CPKJ
DATED:01/02/2021
ORDER
WP.No.24333 of 2020
DIRECTION
