Andhra Pradesh High Court - Amravati
Chilakapati Ananta Aditya vs The State Of Andhra Pradesh, on 1 February, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISIDICTION) X
MONDAY, THE FIRST DAY OF FEBRUARY, TWO THOUSAND AND TWENTY Q
:PRESENT: "Fs
THE HONOURABLE THE CHIEF JUSTICE SRI ARUP KUMAR GOSWAMI
AND
THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR
WRIT PETITION NO: 24229 OF 2020
Between:
Chilakapati Ananta Aditya, S/o Chilakapati Madhu Babu,
Petitioner
AND
4. The State of Andhra Pradesh,, Rep. by its Principal Secretary, Law Department,
Secretariat, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra
radesh
2 The State of Andhra Pradesh,, Rep. by its Chief Secretary, LAW (LA and JSC.F)
pepartment, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra
radesh.
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, Order or Direction more particularly one in the nature of Writ of Mandamus
declaring Rule 5(2)(a)(i) of the Andhra Pradesh Judicial Service Rules 2007, as
substituted through amendment vide G.O.Ms.No.29, dt.28-07- 2017, which mandates
three (3) years practice as an Advocate as one of the essential pre-requisite condition to
be eligible for appointment to the category of Civil Judge (Junior Division) and in
particular, Clause II! (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 herein as being
illegal, unconstitutional, arbitary, ultra vires and contrary to Apex court judgment
rendered in All India Judges Association and Others Vs. Union of India and
consequently set aside the same and further direct the 3rd Repondent herein to
forthwith allow the Petitioner herein to appear in the competitive exam for the post of
Junior Civil Judge without insisting three (3) years experience certificate as notified vide
the Notification No. 9/2020-RC, dt. 0342-2020 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 3" Respondent herein to
forthwith allow the petitioner, by receiving his application, to appear in the competitive exam for
the post of Civil Judge (Junior Division) without insisting three (3) years experience as notified
vide Notification No. 9/2019-RC, dt. 03-12-2020 issued by the 3" Respondent.
The petition coming on for hearing, upon perusing the petition and the affidavit filed
herein, the earlier orders dt. 21.12.2020 and upon hearing the arguments of Sri Goddindla Uday
Prakash Reddy, Advocate for the Petitioner, G.P. for Law & Legislative Affairs for the
Respondent Nos.1 & 2 and of Smt. V Himabindu -- S.C. for the Respondent No.3, 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.
pg batch of writ petitions and direct the Registry to list the same on 22.02.2021."
To
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In that view of the matter, we consider it appropriate to defer consideration of this
on
Sd/-M.RameshBabu
weeny fie, RAR
TRUE COPY// Ww
SECTION OFFICER
For.
. The Principal Secretary, Law Department, State of Andhra Pradesh Secretariat,
Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh
The Chief Secretary, LAW (LA and JSC.F) Department, State of Andhra Pradesh"
Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. (
Addressee Nos. 1 & 2 by RPAD)
The Registrar (Recruitment), High Court of Andhra Pradesh, Amaravathi, Andhra _
Pradesh. (By Special Messenger)
One CC to Sri Goddindla Uday Prakash Reddy, Advocate [OPUC] ~
One CC to Smt. V.Himabindu, Standing Counsel, [OPUC] "
oon to GP for Law & Legislative Affairs, High Court of Andhra Pradesh. .~
[
One spare copy
HIGH COURT
HACJ & CPKJ
DATED: 01-02-2021
NOTE: LIST ON 22.02.2021
ORDER
WP. No. 24229 OF 2020
DIRECTION
146 FEB 2021
