Vedulapalli Leelakrishna Sai ... vs The State Of Ap
2021 Latest Caselaw 505 AP

[ 3268 ]
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: 23455 OF 2020 .-

  

Between:
1, Sri Vedulapalli Leelakrishna Sai Prasad, S/o Ramakrishna.
2. Sri Seerapu Jyothi Swaroop Reddy, S/o Thammayya Reddy.

3. Ms. Rayavarapu Anusha, D/o Rayavarapu srinivasa rao,

4. Ms. Renuka Devi Boodida, D/o B.Nageswar Rao, ,

5. Sri Palamangalam Vinodh, S/o P.Ravi,

6. Sri Velusuri.Naresh, S/o Velusuri Demullu.

7. Sri Banavathu Gopi, S/o Lalu

Petitioners --

AND

1. The State Of AP, Rep by its Principal Secretary, LAW (LA and J SC.F) DEPARTMENT,

Secretariat, Velagapudi, Guntur Dt.
2. The Registrar Recruitment, High court For the State of Andhra Pradesh, Nelapadu,
Amaravathi, Guntur Dt.

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 State Judicial' Service Rules 2007 made vide G.O.Ms.No.29 Law (LA and J
- SC.F) Department dated. 28.07.2017 issued by the Ist Respondent herein in so far as insisting
that a person to be appointed to the category of Civil Judges shall be one who has been practicing
for not less than 3 years as an Advocate as on the date of publication of the advertisement in the
news papers and the consequential Notification No.9/2020-RC dated. 03.12.2020 issued by the
2nd Respondent herein to the extent of Clause III (a) pertaining to the qualifications in so far as
the direct recruitment for the post of the Civil Judges concerned as illegal arbitrary
unconstitutional unreasonable and violation of Art.14, Art.16, Art.19(1)(g) and Art.21 of
Constitution of India and Contrary to the Hon'ble Supreme Court Judgment in All India Judges'
Association and others vs. Union of India 1(2002) 4 SCC 247J and R. Anitha and Others v. State
of Telangana and Others, ((2019) 6 ALD 625 (DB)) consequently set aside the same, in the
interest of justice, -

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 A.P. State
Judicial Service Rules, 2007 as amended by the first respondent vide G.O.Ms.No.29 Dated:
28.07.2017 and Clause III (a) of Notification No.9/2020-RC dated: 03.12.2020 to the extent of
the condition of "not less than 3 years as an Advocate as on the date 03.12.2020", pending
disposal of WP 23455 of 2020, on the file of the High Court. ---

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 2™ Respondent to permit the
petitioners to participate in the examination process pertaining to Notification No.9/2020-RC
dated: 03.12.2020 issued for the post of Civil Judge (Junior Division) without insisting the
condition of "not less than 3 years as an Advocate as on the date 03.12.2020", pending disposal
of WP 23455 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 Thandava Yogesh, Advocate for the
Petitioners, GP for Law Legislative Affairs, for the Respondent No.] and of Sri N.Ashwani
Kumar, Standing Counsel, for Respondent No. 2 and the Court made the following: _-

ORDER

(Through Video Conferencing) "Heard learned counsel for the parties.

e

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.RameshBa 1 ASSISTANT RE STRAR

//TRUE COPY// SECTION OFFICER For.

To,

|. The Principal Secretary, LAW (LA and J SC.F) DEPARTMENT, Secretariat, Velagapudi, Guntur Dt. (by RPAD)

2. The Registrar Recruitment, High court For the State of Andhra Pradesh, Nelapadu,

Amaravathi, Guntur Dt. (by RPAD)

One CC to SRI THANDAVA YOGESH Advocate [OPUC] _-

One CC to Sri N.Ashwani Kumar, Standing Counsel [OUT] +

Two CCs to GP FOR LAW LEGISLATIVE AFFAIRS (AP) ,High Court Of Andhra"

Pradesh. [OUT]

6. One spare copy

AB Ww

MSR

we

HIGH COURT

HCJ

CPKJ

DATED:01/02/2021

NOTE : LIST ON 22.02.2021.

ORDER

WP.NO.23455 OF 2020

DIRECTION