Marripati Sruthi vs The State Of Andhra Pradesh
2021 Latest Caselaw 1353 AP

     IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI


 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                        &
              HON'BLE MR. JUSTICE C. PRAVEEN KUMAR


   WRIT PETITION Nos.7934, 8763, 8692, 9132, 9139,
   9140,9148, 9152, 9158, 9164, 9166, 9168, 9169, 9170,
   9184, 9192,9266 and 9269 of 2019;23455, 24229, 24307,
   24333,       24427,24519,       24520,      24676,24812,      24850,
   25172, 25345, 25486,25512,25597,25599, 25600, 25605,
   25718, 25760 and 25789 of 2020; 83, 475, 479, 497, 610,
   1023, 1213, 1252 and 1795 of 2021

                   (Taken up through video conferencing)

W.P.No.7934 of 2019

U. Surekha, D/o U. Harinath,
Aged about 29 Yrs, Occ: Advocate,
R/o 35/125-Al, Kummari Street,
Kurnool, Kurnool District, A.P.
                    ..Petitioner

       Versus

The State of Andhra Pradesh
Rep. by its Principal Secretary,
Law Department, Secretariat,
Velagapudi,A.P., and another
                                    ..Respondents

Counsel for the Petitioner : Mr. Y. Balaji Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for the respondent No.2 : Ms. Himabindu

W.P.No.8692 of 2019

M. Indu, D/o M. Ashok Kumar, Aged 24 Years, Occ: LLB Completed, R/o H.No.11-10-756, Raparthi Nagar, Khammam Town and District .. Petitioner Versus

State of A.P., Rep by its Chief Secretary, 2HCJ & CPK,J W.P.No.7934 of 2019 & batch

Law (LA & JSC F) Department, Secretariat, Velagapudi, Amaravathi, Guntur District, and another

..Respondents

Counsel for the petitioner : Mr. BabujiTenneti Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Ms. Himabindu

W.P.No.8763 of 2019

M. Komal Kumar, S/o M.S.S Simhagiri Patnaik, Aged about 23 years, R/o Flat No.201, NavyaPriya Enclave,Vibhav Nagar, Kommadhi Junction, Madhuravada, Visakhapatnam-530045 and others.

.. Petitioners

Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. and others.

..Respondents

Counsel for the petitioners : Mr. SurepalliPrashanth Counsel for respondent Nos.1&2 : GP for Law & Legislative Affairs Counsel for respondent No.3 : Ms. Himabindu

W.P.No.9132 of 2019

Reddy Maitraie, D/o.Satyanarayana Murthy, Aged about 25 years,R/o.Dr.No.15-134/1, Beside MDO Office,Mummidivaram, East Godavari District - 533 216.

..Petitioner

Versus

The State of Andhra Pradesh, rep. by its Principal Secretary, Law Department,Secretariat, Velagapudi, Andhra Pradeshand another.

..Respondents

Counsel for the petitioner : Mr. G. Rama Gopal Counsel for respondent No.1 : GP for Law & Legislative Affairs 3HCJ & CPK,J W.P.No.7934 of 2019 & batch

Counsel for respondent No.2 : Ms. Himabindu W.P.No.9139 of 2019

MakarlaPoojitha, D/o M. Narayana, Aged about 24 years, Occ: Advocate, R/o H.No.8-9,Nethaji Nagar, Bandlaguda, Ramachandrapuram(Mandal), Sangareddy District, T.S and others.

.. Petitioners

Versus

The State of Andhra Pradesh, Rep., by its Principal Secretary, Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. and others.

..Respondents

Counsel for the petitioners : Mr. SurepalliPrashanth

Counsel for respondent Nos.1 & 2 : GP for Law & Legislative Affairs

Counsel for respondent No.3 : Ms. V. Himabindu

W.P.No.9140 of 2019

MadhireRanga Sai Reddy, S/o.Poli Reddy, Age31 years, H.No.6-1,RamapuramVillage, Somidevipalli Post, Racherla Mandal, Prakasam District, A.P. 523368 and others.

.. Petitioners

Versus

The State of Andhra Pradesh, Rep., by its Principal Secretary, Law Department, Secretariat, Velagapudi,Amaravathi, Guntur District, A.P. and others.

..Respondents

Counsel for the petitioners : Mr. Nomula Srinivas Counsel for respondent Nos.1&2 : GP for Law & Legislative Affairs Counsel for respondent No.3 : Ms. V. Himabindu

W.P.No.9148 of 2019

PathivadaManasa, D/o PathivadaAppala Naidu, Aged about 28 years, Occ: Advocate, R/o ChallavanithotaVillage, Rellivalasa Post, 4HCJ & CPK,J W.P.No.7934 of 2019 & batch

Pusapatirega Mandal,Vizianagaram District, and another.

.. Petitioners Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department, Secretariat, Velagapudi,Amaravathi, Guntur District, and anothers.

..Respondents

Counsel for the petitioners : Ms. TaddiSowmya Naidu Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Ms. V. Himabindu

W.P.No.9152 of 2019

KaruturiHemaBindhu, D/o. K. Srinivas Rao, Aged about 24 years, R/o. Flat No.102, SriPrahasaTowers, Sri Ramchandra Nagar, Vijayawada- 520 008 .. Petitioner

Versus

The State of Andhra Pradesh, Rep., by its Principal Secretary, Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P and others.

.. Respondents

Counsel for the petitioner : Mr. Devi Prasad Mangalapuri

Counsel for respondent Nos.1 & 2 : GP for Law & Legislative Affairs

Counsel for respondent No.3 : Ms. V. Himabindu

W.P.No.9158 of 2019

BattulaAkhila, D/o BattulaAdinarayana, Age 26 years, R/o D.No.15-6-24, Sattenapalli Town, Guntur District .. Petitioner

Versus

The State of A.P., Rep. by its Principal Secretary, 5HCJ & CPK,J W.P.No.7934 of 2019 & batch

Law Department,Secretariat, Amaravati and another.

..Respondents

Counsel for the petitioner : Mr. ThotaRamakoteswara Rao Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Ms. V. Himabindu

W.P.No.9164 of 2019

K. Kaushik, S/o Dr.K.ManmadhaRao. Age 23 years, Advocate, F.No.302, Comfort Homes,Haailand Road, ChinakakakaniMangalagiri, Guntur Dist-522503,and others.

.. Petitioners

Versus

The State of Andhra Pradesh Rep., by its Principal Secretary, Law Department, Secretariat, Velagapudi A.P., and another.

..Respondents

Counsel for the petitioners : Mr. Suresh Kumar Routhu Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Ms. V. Himabindu

W.P.No.9166 of 2019

VendotiSilpa, D/o.Pardhasaradhi Reddy, Age 33 years, Occ: Advocate, H.No.27-2-294,Ramjinagar, Near Children Park, Nellore,Dargamitta, Andhra Pradesh and others.

.. Petitioners

Versus

The State of Andhra Pradesh., Rep. by its Principal Secretary, Law Department, Secretariat, Velagapudi,Andhra Pradesh and another.

..Respondents

Counsel for the petitioners : Mr. Y. Balaji Counsel for respondent No.1 : GP for Law & Legislative Affairs 6HCJ & CPK,J W.P.No.7934 of 2019 & batch

Counsel for respondent No.2 : Ms. V. Himabindu

W.P.No.9168 of 2019

MounikaBonige, D/o. B. Vinaykumar, Aged about 26 years, Practicing Advocate, R/o. Flat No.402-A Block, River Oaks Apartments, Christianpet, Tadepalli-522 501, Krishna District,and others.

.. Petitioners

Versus

The State of Andhra Pradesh, Law Department, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh, Rep. by its Principal Secretary, and another.

..Respondents

Counsel for the petitioners : Mr. Chalasani Ajay Kumar Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Ms. V. Himabindu

W.P.No.9169 of 2019

K.Mamatha Reddy D/o K.Sarweswar Reddy, Aged about 25 years, R/o D.No.1-651, Rudrampeta,Ananthapur, Ananthapur District-515 004.

.. Petitioner

Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department, SecretariatBuildings, Velagapudi at Amaravathi, Guntur District, and another.

..Respondents

Counsel for the petitioner : Mr. Harish Kumar Rasineni Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Ms. V. Himabindu

W.P.No.9170 of 2019

M.Tejaswi, D/o M.Toyeji Rao, 7HCJ & CPK,J W.P.No.7934 of 2019 & batch

Aged about 25 Yrs, Occ: Law Clerk, R/o: Flat No.1104, Tower-20,PrajayMegapolis, K.P.H.B Phase9,Kukatpally,Hyderabad, Hyderabad District,Telangana-500072.

.. Petitioner

Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department, Secretariat, Velagapudi, A.P., and another.

..Respondents

Counsel for the petitioner : Mr. Y. Balaji Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Ms. V. Himabindu

W.P.No.9184 of 2019

RavuriLeela Sai Sampath, S/o. R. Siva Sai Swarup,Aged 23 years, 0cc: Advocate, R/at FF 5,Undavalli, Amaravathi Road, Guntur District.

.. Petitioner

Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. and others ..Respondents

Counsel for the petitioner : Mr. M. Surya Kumar Counsel for respondent Nos.1 & 2 : GP for Law & Legislative Affairs Counsel for respondent No.3 : Ms. V. Himabindu

W.P.No.9192 of 2019

Ganipalli Billy Graham Isaac, S/o G/Bhushanam, Aged about 26 years, Practicing Advocate, R/o D.No.15-13-224/B, R.T.C Colony, 1 / 4 Lane,Opp:SaibabaTemple, Guntur-522 001,Andhra Pradesh.

..Petitioner

Versus

The State of Andhra Pradesh, Law Department, Secretariat Buildings, 8HCJ & CPK,J W.P.No.7934 of 2019 & batch

Velagapudi, Guntur District, Andhra Pradesh, Rep., by its Principal Secretary, and another .. Respondents

Counsel for the petitioner : Mr. Chalasani Ajay Kumar Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Ms. V. Himabindu

W.P.No.9266 of 2019

LalithaKilarapu, D/o Sambasiva Rao, Aged about 27 years, Occ: Advocate, R/o D.No.15-2-65, Old Bus Stand, Sattenapalli, Guntur District, and another.

..Petitioners

Versus

The State of Andhra Pradesh Rep., by its Principal Secretary, Law Department, Secretariat, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P., and others.

.. Respondents

Counsel for the Petitioners : Mr. C.B. Adarsh Kumar Counsel for respondent Nos.1 &2 : GP for Law & Legislative Affairs Counsel for respondent No.3 : Ms. V. Himabindu

W.P.No.9269 of 2019

Mare Vijaya Lakshmi, D/o. Mare Rama Rao, Aged about 25 yrs, Occ: Advocate, R/o H.No.7-28, Main Road, Tanuku Mandal, Tetali, West Godavari District, and others.

..Petitioners

Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department, Secretariat, Velagapudi, Andhra Pradesh and another.

.. Respondents

Counsel for the petitioners : Mr. Y. Balaji Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Ms. V. Himabindu 9HCJ & CPK,J W.P.No.7934 of 2019 & batch

W.P.No.23455 of 2020

VedullapalliLeelakrishna Sai Prasad, S/o Ramakrishna, Aged 25 years, Occupation: Advocate (AP/937/2018), R/o H.No.14-9-2/3,DoralaVeedhi, YagarlapalliTadepalligudem, West Godavari District- 534102, and others.

..Petitioners

Versus

The State of A.P., Rep by its Principal Secretary, LAW (LA&J SC.F) Department, Secretariat, Velagapudi, Guntur Dt and another.

.. Respondents

Counsel for the petitioners : Mr. ThandavaYogesh

Counsel for respondent No.1 : GP for Law & Legislative Affairs

Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.24229 of 2020

Chilakapati Ananta Aditya, S/o ChilakapatiMadhuBabu, Aged 26 years,Occ: Advocate, R/o Flat No.401,Royal Enclave, APJ Abdul Kalam Road,Mahatma Gandhi Inner Ring Road,Guntur - 522034.

..Petitioner

Versus

The State of Andhra Pradesh Rep. by its Principal Secretary, Law Department, Secretariat, Velagapudi,Amaravathi, Guntur District, Andhra Pradesh and others.

..Respondents

Counsel for the petitioner :Mr. GoddindlaUday Prakash Reddy Counsel for respondent Nos.1&2 : GP for Law & Legislative Affairs Counsel for respondent No.3 : Mr. N. Ashwani Kumar

W.P.No.24307 of 2020

PalleboyinaSwathi D/o P. Srinivasu, Aged 28 years, Occ: Advocate, R/o 4-14-214, Amaravathi Road, 10HCJ & CPK,J W.P.No.7934 of 2019 & batch

Venugopalnagar, Koritepadu, 3rd Lane, Anjaneyapet, Guntur - 522007 and others.

..Petitioners

Versus

The State of Andhra Pradesh Rep. By its Chief Secretary, Law (LA &JSC.F) Department, Secretariat at Amaravathi and another.

.. Respondents

Counsel for the petitioners : Mr. G. ArunShowri Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.24333 of 2020

VadlapatlaDishaChowdary, 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 Versus

The State of Andhra Pradesh, rep. by Secretary, Law Department, Secretariat, Velagapudi, Andhra Pradesh, and another.

..Respondents

Counsel for the petitioner : Mr. VirupakshaDattatreya Gouda Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.24427 of 2020

Satyannagari Anurag, S/o S. Shankar Narayana, Aged about 24 Yrs, Occ: Advocate, R/o. 81-172/C/2,Ramakrishna Nagar, Kallur, Inside Ramachandra Nagar,Kurnool, Kurnool Camp-b,Kurnool, A.P.518 002, and others.

..Petitioners Versus 11HCJ & CPK,J W.P.No.7934 of 2019 & batch

The State of Andhra Pradesh Rep by its Principal Secretary, Law Department, Secretariat, Velagapudi, A.P., and another.

..Respondents

Counsel for the petitioners : Mr. Y. Balaji Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.24519 of 2020

N.PrasannaKesava, S/o N.ChennaKrishnaiah, Aged 34 Years,Occ Advocate (AP/671/2019) R/o. H.No.1/2099-1, Prakash Nagar, Kadapa(M), YSR Kadapa District- 516004 and others.

..Petitioners Versus

The State of Andhra Pradesh Rep. by its Principal Secretary, Law (LA&J SC.F) Department, Secretariat, Velagapudi Guntur District and another.

.. Respondents

Counsel for the Petitioners : Mr. ThandavaYogesh

Counsel for respondent No.1 : GP for Law & Legislative Affairs

Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.24520 of 2020

Ganipalli Billy Graham Isaac, S/o G Bhushanam, Aged about 27 years, Practicing Advocate, R/o D.No.14-2-809,Opp.M.P.PElementary School, EvangelicalChurch of India , Ropeway Colony 7thWard,Macherla-522 426, Guntur District, Andhra Pradesh.

..Petitioner

Versus

The State of Andhra Pradesh, Law Department,SecretariatBuildings, Velagapudi, Guntur District, Andhra Pradesh, Rep. by its Principal Secretaryand another.

..Respondents 12HCJ & CPK,J W.P.No.7934 of 2019 & batch

Counsel for the Petitioner : Mr. Chalasani Ajay Kumar Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.24676 of 2020

B. Mohan Krishna, S/o B. Jammanna, Occ AdvocateEnrollment ID (AP/2276/2019), Aged about 25 years, D.No.3/329A, E. Thandrapadu Village, Kurnool Mandal District- 518004 and others.

..Petitioners

Versus

The State of Andhra Pradesh, Rep by its Principal Secretary, Law (LA&J SC.F) Department, Secretariat, Velagapudi Guntur Dt. and another.

..Respondents

Counsel for the Petitioners : Mr. P. Aditya Harshavardhan For M/s Pillix Law Firm Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.24812 of 2020

ThinnaluriKondaiah, S/o.Narasaiah Aged about 25 years, D.No.14-63-7,Velluvoluvariveedi, Morrispet,Tenali Guntur Districtand others.

..Petitioners

Versus

The State of Andhra Pradesh Rep by its Principal Secretary, Law Department, Secretariat,Velagapudi, Amaravati, Guntur Districtand others.

.. Respondents

Counsel for the Petitioners : Ms. MaheswariArika Counsel for respondent Nos.1 & 2 : GP for Law & Legislative Affairs Counsel for respondent No.3 : Mr. N. Ashwani Kumar 13HCJ & CPK,J W.P.No.7934 of 2019 & batch

W.P.No.24850 of 2020

BokkaPrasanthi, D/o. B. Venkateswarlu, Aged: 24 years, Occ: Advocate,(AP/1221/2019), D.No.10-33/1, Bokkavaripalem,Mahadevapatnam, Undi Mandal, West Godavari District-534199 and others.

..Petitioners

Versus

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

.. Respondents

Counsel for the Petitioners : Mr. ThandavaYogesh

Counsel for respondent No.1 : GP for Law & Legislative Affairs

Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.25172 of 2020

GavadakatlaMounika, D/o Malakondaiah, Aged 23 years, R/o.1094/C,Immadicheruvu,Veligandla, PrakasamDistrct- 523224,and others.

..Petitioners Versus

The State of Andhra Pradesh, Rep,by its Chief Secretary, Law (LA & JSC.F) Department, Secretariat at Amaravathi, and another.

..Respondents

Counsel for the petitioners : Mr. G. ArunShowri Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.25345 of 2020

ShaikAppibhaigariJuber Hussain, S/o. S.A.Habibulla aged about 23 years, 14HCJ & CPK,J W.P.No.7934 of 2019 & batch

Occ: Advocate, R/o D.No.13-97, Khallavedhi, Atmakur, Atmakur Mandal, Kurnool District, A.P -518422 and another.

..Petitioners Versus

The State of Andhra Pradesh Rep. by its Chief Secretary, Law Department, Secretariat, Velagapudi, Amaravati, Guntur District A.P. and others.

.. Respondents

Counsel for the petitioners : Mr. Ambati Sudhakara Rao

Counsel for respondent Nos.1 & 2 : GP for Law & Legislative Affairs

Counsel for respondent No.3 : Mr. N. Ashwani Kumar

W.P.No.25486 of 2020

KallaGunaSekhar, S/o.KallaAppa Rao, Aged about 22 years, Occ: Law Clerk, R/o. D.No.6-8, Shri Sai Nilayam L.N.Puram,RamachandrapuramVillage, Mangalapalem(B.O),Kothavalasa Mandal, Vizianagaram District, Andhra Pradesh

..Petitioner

Versus

The State of Andhra Pradesh Rep. by its Principal Secretary, Law and legislature Department, SecretariatBuildings, Velagapudi, Amaravathi Guntur District and others.

..Respondents

Counsel for the Petitioner : Mr. Dasari S.V.V.S.V. Prasad Counsel for respondent Nos.1 & 2 : GP for Law & Legislative Affairs

Counsel for respondent No.3 : Mr. N. Ashwani Kumar

W.P.No.25512 of 2020

MarkalPoojitha, D/o.Markal Narayana, Aged about 25 years, Occ: Student, R/o. H. No.11-1-883/1/B, Seetharambagh,Ramleela ground, 15HCJ & CPK,J W.P.No.7934 of 2019 & batch

NearBalwinSchool, Afzal Sagars, Nampally, Hyderabad-500001, and others.

..Petitioners

Versus

The State of Andhra Pradesh, Rep. by its Chief Secretary, LAW (LA & JSCF) Department.

Secretariat, Amaravathi and another.

.. Respondents

Counsel for the petitioners : Mr. M.Sateesh Counsel for respondent No.1 : GP for Law & Legislative Affairs

Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.25597 of 2020

MajjiLavanya Rani, D/o MajjiJagannadha Rao, Aged about 27 years,Occ: Advocate, R/o H.No.13-02,Cheepurupalli Street, Bobbili, Bobbili Mandal, Vizianagaram District.

..Petitioner Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District, and another.

..Respondents

Counsel for the petitioner : Mr. TaddiSowmya Naidu Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.25599 of 2020

Yamani Phanindhar, S/o Y.Chenchuramarao, Aged about 27 years, Occ: Advocate, R/o. 14-86,Anubroluvaripalem, Korisapadu,Paidipudu, Prakasam, A.P.- 523213,and others.

..Petitioners

Versus 16HCJ & CPK,J W.P.No.7934 of 2019 & batch

The State of Andhra Pradesh, Rep by its Principal Secretary, Law Department, Secretariat, Velagapudi, A.P. and another.

..Respondents

Counsel for the Petitioners : Mr. Y. Balaji Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.25600 of 2020

Navyashri V., D/o VenkataRamana, aged about 27 Years, R/o.No.71, Durai Nagar,8th Cross, Dr.Radhakrishna Nagar Extn, Vellore- 632006, Vellore District, Tamilnadu.

..Petitioner

Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department, Secretariat, at Velagapudi, Amaravathi, Guntur District Andhra Pradesh and another.

..Respondents

Counsel for the petitioner : Mr. K. Sai Subha Sri Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.25605 of 2020

PanchangamArchishma, D/o P. SrinivasaCharyulu, Aged 24 years,Occ: Advocate, R/o DoorNo.2-222,Avanlgadda, Krishna District, Andhra Pradesh- 521121 ..Petitioner

Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department Secretariat, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. and others.

..Respondents 17HCJ & CPK,J W.P.No.7934 of 2019 & batch

Counsel for the petitioner : Mr. SurepalliPrashanth Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.25718 of 2020

KudupudiSindhura, D/o K.L.N.Swamy, Advocate, Aged 25 years, R/o Flat No.114, Good Life Homes, Chinnakakani, Mangalagiri,Guntur Dist 522 503.

..Petitioner

Versus

The State of Andhra Pradesh Rep by its Principal Secretary, Law Department, SecretariatBuildings, Velagapudi Guntur District and another

..Respondents

Counsel for the petitioner : Mr. K.L.N. Swamy Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.25760 of 2020

Barama Lakshmi Rajeswari D/o.BaramaVenkateswara Rao, Aged 25 years Occ: Advocate, R/o. EWS 456/1, 2nd Floor, Near Ram Reddy Chicken Centre, Road No.3 K.P.H.B. Colony, Hyderabad. PIN: 500 072 ..Petitioner

Versus

The State of Andhra Pradesh rep by its Chief Secretary, A.P. Secretariat, Velagapudi, Amaravathi and others

..Respondents

Counsel for the petitioner : Mr. D. Vijay Goutam Counsel for respondent Nos.1 & 2 : GP for Law & Legislative Affairs Counsel for respondent No.3 : Mr. N. Ashwani Kumar 18HCJ & CPK,J W.P.No.7934 of 2019 & batch

W.P.No.25789 of 2020

P. Raghu Ram, S/o. P. Rama Rao, aged about 23 years, R/o. 375-A, Nadendla Village and Mandal, Guntur District -522234, State of A.P. and others.

..Petitioners

Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department Secretariat, at Velagapudi, Amaravathi, Guntur District, Andhra Pradesh and another ..Respondents.

Counsel for the petitioners : Ms. K. Sai Subha Sri Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.83 of 2021

MarripatiSruthi, D/o. M.VenkataRamana, R/o.1-120, Block-1,Sivalayam Temple Street, Kalavalapalli Village, West Godavari, Andhra Pradesh- 534301 and others.

..Petitioners

Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department Secretariat, at Velagapudi,Amaravathi, Guntur District, Andhra Pradesh and another ..Respondent

Counsel for the petitioners : Mr. MaripatiMaharshiViswaraj Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.475 of 2021

Chimta Srihari, S/o Ramakotaiah, Aged 29 years,Occ: Advocate, 19HCJ & CPK,J W.P.No.7934 of 2019 & batch

R/o. 1-42, Old Singarayakonda, Singarayakonda,Prakasam District.

..Petitioner

Versus

The State of Andhra Pradesh, rep. by its Chief Secretary, A.P. Secretariat, Velagapudi, Amaravathi and others.

..Respondents

Counsel for the petitioner : Mr. D. Vijay Gowtam Counsel for respondent Nos.1&2 : GP for Law & Legislative Affairs Counsel for respondent No.3 : Mr. N. Ashwani Kumar

W.P.No.479 of 2021

M.D. Deepika, D/o. M.S. Victor Bob, Aged 29 Years Occ: Advocate, (AP/1172/2018), R/o. D.No.8-8-4, G2,GuttumukalaMansion, Tirumala Rao street,1st floor, Gandhinagar,Kakinada, East Godavari-533001, and others.

..Petitioners

Versus

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

Counsel for the petitioners : Mr. ThandavaYogesh Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.497 of 2021

Mathangi Ajay Kumar, C/o MathangiBaburao, Aged 29 years, R/o Flat No 104, Galaxy Apartments,AkulavariThota, Beside SP Bunglow, Guntur-522004, and others.

..Petitioners Versus 20HCJ & CPK,J W.P.No.7934 of 2019 & batch

The State of Andhra Pradesh Rep By its Chief Secretary, Law (LA&JSC.F) Department, Secretariat, at Amaravathi and another.

..Respondents

Counsel for the petitioners : Mr. G. ArunShowri Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.610 of 2021

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 and others.

..Petitioners Versus

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

Counsel for the petitioners : Mr. AruvaRaghuramMahadev Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.1023 of 2021

Kona Konda Reddy, S/o Kona Shanmukha Raja Reddy, Aged about 30 years, R/o. D.No.41-9-1067, 4th Line, 2nd cross,Ambedkar Nagar, Kakani Road, Guntur District, Andhra Pradesh and others ..Petitioners

Versus

The State of Andhra Pradesh, Represented by its Principal Secretary, Law Department, Velagapudi, Address Amaravati, Guntur District, Andhra Pradesh and another.

..Respondents.

Counsel for the Petitioners : Mr. A. RajendraBabu Counsel for respondent No.1 : GP for Law & Legislative Affairs 21HCJ & CPK,J W.P.No.7934 of 2019 & batch

Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.1213 of 2021

ShaikArafath, S/o Shaik Jaleel, aged about 25 years,R/o.D.No.65-11-1296, Bhagath Singh Nagar4th Lane, SuddapalliDonka, Old Guntur, Guntur - 522001.

..Petitioner Versus

The State of Andhra Pradesh, Rep. by Secretary, Law Department, Secretariat, Velagapudi, Andhra Pradesh, and another.

..Respondents

Counsel for the petitioner : Mr. VirupakshaDattatreya Gouda Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.1252 of 2021

Pallepagu Devi Priya, D/o PallepaguSreenath, aged 24 years, Occ: Advocate, R/o. 6-59/4, Dhanalakshmi Nagar,Tirupathi, Chittoor District, and others.

..Petitioners

Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Law (LA&J-SC.F) Department, Secretariat, Velagapudi, Amaravathi Guntur District, and another

..Respondents

Counsel for the petitioners : Mr. P. Nagendra Reddy Counsel for respondent No.1 : GP for Law & Legislative Affairs Counsel for respondent No.2 : Mr. N. Ashwani Kumar

W.P.No.1795 of 2021

Varada Sridhar, S/o.V.Nageshwara Rao, Aged about 30 Yrs, Occ: Advocate, 22HCJ & CPK,J W.P.No.7934 of 2019 & batch

R/o: 10-30/1 Plot. No.261,Visalakshi Nagar, Guntur,Dayainagar, Andhra Pradesh 530043.

.. Petitioner Versus

The State of Andhra Pradesh, Rep by its Principal Secretary, Law Department, Secretariat, Velagapudi, A.P.and another.

                                                                ..Respondents

Counsel for the Petitioner           :          Mr. Y. Balaji

Counsel for respondent No.1          :          GP for Law & Legislative Affairs

Counsel for respondent No.2          :          Mr. N. Ashwani Kumar



Date of hearing                      :          23.02.2021

Date of order                        :          04.03.2021


                                  COMMON ORDER

Per Arup Kumar Goswami, CJ

This batch of writ petitions can be divided into two categories. In

one batch (hereinafter referred to as 'first batch'), the petitioners, apart

from praying for setting aside Rule 5(2)(a)(i) of the Andhra Pradesh State

Judicial Service Rules, 2007 (for short, 'the Rules'), as illegal,

unconstitutional, arbitrary and ultra vires, Notification No.5/2019-RC dated

17.06.2019 issued by the Registrar (Recruitment), High Court of Andhra

Pradesh, inviting applications through online for General Recruitment to 38

posts of Civil Judge (Junior Division) in Andhra Pradesh State Judicial

Service comprising of 31 vacancies to be filled under Direct Recruitment

and 07 vacancies tobe filled under Recruitment byTransfer, is also put to

challenge.

23HCJ & CPK,J W.P.No.7934 of 2019 & batch

2. In other batch (hereinafter referred to as 'second batch'), apart

from praying for setting aside Rule 5(2)(a)(i) of the Andhra Pradesh State

Judicial Service Rules, 2007 (for short, 'the Rules'), as illegal,

unconstitutional, arbitrary and ultra vires, Notification No.9/2020-RC dated

03.12.2020 issued by the Registrar (Recruitment), High Court of Andhra

Pradesh, inviting applications through online for General Recruitment to 68

posts of Civil Judge (Junior Division) in Andhra Pradesh State Judicial

Service comprising of 55 vacancies to be filled under Direct Recruitment

and 13 vacancies to be filled under Recruitment by Transfer, is put to

challenge.

3. In both the Notifications, eligibility criteria prescribed under Rule

5(2)(a)(i) of the Rules was laid down.

4. Rule 5(2)(a)(i) was substituted through amendment by

G.O.Ms.No.29, Law (LA&J-SC.F) Department, dated 28.07.2017.

5. Rule 5 of the Rules prescribes the eligibility conditions for Direct

Recruitment, amongst others, to the category of Civil Judges and Rule

5(2)(a)(i), prior to amendment, read as follows:

"5. Eligibility:

1) xxxxx

2) Civil Judges:

a) By Direct Recruitment: A person to be appointed to the category of Civil Judges shall be:

(i) A holder of a degree in law awarded by any University established by Law in India."

6. Presently, after the amendment, Rule 5(2)(a)(i) reads as

follows:

24HCJ & CPK,J W.P.No.7934 of 2019 & batch

"5. Eligibility:

1) xxxxx

2) Civil Judges:

a) By Direct Recruitment: A person to be appointed to the category of Civil Judges shall be:

(i) 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."

7. In both the batches of writ petitions, the petitioners had not fulfilled

the eligibility prescribed under Rule 5(2)(a)(i) in that they had not put in

three years of practice as on the date of publication of the advertisement

in the newspapers.

8. In terms of the Notification dated 17.06.2019, the closing date for

submission of online applications was fixed on 16.07.2019 and Screening

Test (ComputerBased Test) was to be conducted on 04.08.2019.

9. In the first batch of writ petitions,an interim order, first in point of

time, came to be passed on 12.07.2019, directing the respondent

authorities to accept the online applications of the petitioners, if they were

otherwise found to be in order, and also to permit them to take the

examination. It was further observed that any selection made in respect of

the petitioners shall be subject to the result of the writ petitions and that

the petitioners shall not claim any equities thereafter. An undertaking to

that effect was directed to be taken, at the time of selection, in case the

petitioners qualified in the preliminary examination.

10. Accordingly, in the first batch of petitions, the writ petitioners were

allowed to appear for the examinations. Out offive candidates who 25HCJ & CPK,J W.P.No.7934 of 2019 & batch

appeared for viva voce, one came out successful and result of three other

candidates, who are writ petitioners, was not declared.

11. Afterthe Notification dated 03.12.2020 was issued,second batch of

writ petitions came to be filed. However, unlike in the case of first batch of

writ petitions, no interim order was passed directing the authorities to

accept the online applications from the writ petitioners and consequently,

enabling themto take part in the examination process. Screening test in

terms of the Notification dated 03.12.2020 was held on 21.02.2021.

12. Both the batches of writ petitions have been heardtogetherand

W.P.No.7934 of 2019 was taken as a lead case.

13. We have heardMr. Y. Balaji, Mr. SurepalliPrashanth and

Mr. ThandavaYogesh, learned counsel for the petitioners, as well as

Ms. SeshaRajyam, learned senior standing counsel and Mr. N. Ashwani

Kumar, learned standing counsel, appearing for the High Court.

Mr. BabujiTenneti,Mr. G. Rama Gopal, Ms. TaddiSowmya Naidu, Mr.

Aditya HarshaVardhan representing M/s. Pillix Law Firm, Mr. G.

ArunShowri, Mr. Dasari S.V.V.S.V. Prasad,Mr. K.L.N. Swamy, Mr. D. Vijay

Goutam,Mr. MaripatiMaharshiViswaraj, Mr. AruvaRaghuramMahadev, Mr.

A. RajendraBabu, Mr. VirupakshaDattatreya Gowda,Mr. P. Nagendra

Reddy, learned counsel for the petitioners in the other cases, have adopted

the arguments advanced by Mr. Y. Balaji andMr. ThandavaYogesh.

14. Mr. Y. Balaji, learned counsel for the petitioner in W.P.No.7934 of

2019, has submitted that the amendment cannot be sustained in law as

the same is contrary to the decision rendered by the Hon'ble Supreme

Court in the case ofAll IndiaJudges' Association and others v. Union

of India and others, reported in(2002) 4 SCC 247, and has drawn the 26HCJ & CPK,J W.P.No.7934 of 2019 & batch

attention of theCourt to Paragraphs 32 and 40 to buttress his contention.

He has also submitted that similar Rule,namely, Rule 5(2)(a)(i) of

Telangana State Judicial Service Rules, was held to be unconstitutional in

the case of R.Anitha and others v. State of Telangana and another,

reported in 2019 (6) ALD 625 (TS) (DB). He submits that as a logical

corollary, Notification dated 16.07.2019 is to be set aside. It is also

submitted that on the same analogy, the Notification dated 03.12.2020 is

also liable to be set aside.

15. While the learned counsel appearing for the petitioners in the other

cases have adopted the submissions advanced by Mr. Y. Balaji,

Mr. SurepalliPrashanth, learned counsel, in addition, has relied on the

judgment of the Punjab & Haryana High Court in the case of Kanwaljit

Singh Bajwa and others v. State of Punjab in W.P.(C).No.1056 of

2016 decided on 03.03.2017.

16. Mr. ThandavaYogesh, learned counsel, however, has submitted that

another Screening Test may be directed to be conducted for the petitioners

who have assailed the Notification dated 03.12.2020, in the event of

striking down Rule 5 (2)(a)(i) and setting aside the said Notification.

17. Ms. K. SeshaRajyam, learned senior standing counsel appearing for

the High Court, submits that the first batch of writ petitions had been

rendered infructuous. She further submits that the judgment of All India

Judges' Association (supra) has to be understood in the context of

Articles 234 and 235 of the Constitution as the High Court has control over

the District Courts and the Courts subordinate thereto.

18. Mr. N.Ashwani Kumar, who also appeared as a standing counsel for

High Court in some of the cases, refers to the judgment of the High Court 27HCJ & CPK,J W.P.No.7934 of 2019 & batch

of Jharkhand in the case of Ravi Shankar v. The State of Jharkhand,

reported in 2014 (4) AJR 200.

19. We have considered the submissions of the learned counsel for the

parties.

20. At the outset, we must record that we are unable to accept the

submission of Ms. K. SeshaRajyam, learned senior standing counsel, that

the first batch of writ petitions has been rendered infructuous, as the

interim order passed in the said batch of writ petitions itself indicates that

the result of the writ petitioners therein will abide the final outcome of the

writ petitions.

21. Since the sheet anchor of the arguments advanced by the learned

counsel for the petitioners is the judgment of the Hon'ble Supreme Court in

All India Judges' Association(supra), it is only appropriate to extract

the relevant paragraphs in the said judgment, which are paragraphs 32

and 40:

"32. In All India Judges' Assn. case (SCC at p. 314), this

Court has observed that in order to enter the judicial service, an

applicant must be an advocate of at least three years' standing.

Rules were amended accordingly. With the passage of time,

experience has shown that the best talent which is available is

not attracted to the judicial service. A bright young law graduate

after 3 years of practice finds the judicial service not attractive

enough. It has been recommended by the Shetty Commission

after taking into consideration the views expressed before it by

various authorities, that the need for an applicant to have been

an advocate for at least 3 years should be done away with. After 28HCJ & CPK,J W.P.No.7934 of 2019 & batch

taking all the circumstances into consideration, we accept this

recommendation of the Shetty Commission and the argument of

the learned amicus curiae that it should be no longer mandatory

for an applicant desirous of entering the judicial service to be an

advocate of at least three years' standing. We, accordingly, in

the light of experience gained after the judgment in All India

Judges' case direct to the High Courts and to the State

Governments to amend their rules so as to enable a fresh law

graduate who may not even have put in three years of practice,

to be eligible to compete and enter the judicial service. We,

however, recommend that a fresh recruit into the judicial service

should be imparted training of not less than one year, preferably

two years.

xxxxx xxxxx

40. Any clarification that may be required in respect of

any matter arising out of this decision will be sought only from

this Court. The proceedings, if any, for implementation of the

directions given in this judgment shall be filed only in this Court

and no other court shall entertain them."

22. A reading of paragraph 32 would go to show that recommendation

of Shetty Commission was accepted and in the light of the experience

gained over the years after the decision in the case of All India Judges'

Association v. Union of India, reported in (1993) 4 SCC 288,

whereinit had observed that in order to enter the judicial service, an

applicant must be an advocate of at least three years' standing, the 29HCJ & CPK,J W.P.No.7934 of 2019 & batch

Hon'ble Supreme Court had directed the High Courts and the State

Governments to amend their rules so as to enable a fresh law graduate

who may not have three years of practice, to be eligible to compete and

enter judicial service. While making such positive direction, the Hon'ble

Supreme Court recommended that a fresh recruit into the judicial service

should be imparted training of not less than one year, preferably two

years. Thus, so far as the training period is concerned, the same is left to

the discretion of the High Courts.

23. Further, as per the observation made in paragraph 40 of the

judgment in All India Judges' Association(supra), if at all any

clarification is required in respect of any matter arising out of the said

decision, the same can be sought only from the Hon'ble Supreme Court.

24. In the case of Ravi Shankar (supra), the issue that had arisen for

consideration of the High Court of Jharkhand was as to whether even

though in the Rules there is no provision of three years practice as an

advocate as a requirement for being eligible to be appointed as a Civil

Judge (Junior Division), prescription of a clause in the advertisement that

the candidate must have enrolled as advocate under the Advocates Act is

illegal and arbitrary, being not in accordance with the direction of the

Hon'ble Supreme Court inAll India Judges' Association(supra).The

challenge mounted was negatived by the Jharkhand High Court and even

otherwise, such a question has not fallen for consideration in this batch of

writ petitions.

25. In R. Anitha(supra), the High Court for the State of Telangana has

laid down as follows:

30HCJ & CPK,J W.P.No.7934 of 2019 & batch

"A bare perusal of the said provision clearly reveals that

the Article uses the word "shall", which obviously gives a

mandatory colour to the said Article. Therefore, once the law

has been declared by the Apex Court, it becomes the law of the

land. The said law is binding on all the Courts within the

territory of India."

It is further observed as follows:

"However, as far as the imposition of the pre-requisite of

experience of three years at the Bar is concerned, obviously the

imposition of such a condition would be contrary to "the

direction" issued by the Apex Court in paragraph 32 mentioned

hereinabove. Therefore, the imposition of such a condition

would also be in violation of Article 141 of the Constitution of

India."

26. We are inrespectfulagreement with the view taken by the High

Court of Telangana. Though, under Article 235 of the Constitution, the

High Court has power of control and supervision over the District Courts

and the Courts subordinate thereto, it cannot be countenanced that the

High Court can simply wish away the direction of the Hon'ble Supreme

Court inasmuch as under Article 141 of the Constitution of India, the law

declared by the Hon'ble Supreme Court shall be binding on all Courts

within the territory of India.

27. In view of the discussion above, Rule 5(2)(a)(i) of the Rules is held

to be unconstitutional.

31HCJ & CPK,J W.P.No.7934 of 2019 & batch

28. Having held so, it will be necessary to mould the relief available to

the petitioners in the facts and circumstances of the case.

29. So far as the first batch of writ petitions is concerned, as is already

noticed, those who had approached this Court were permitted by way of

interim order to take part in the recruitment process. As such, there is no

necessity to set aside the Notification dated 17.06.2019. As the challenge

regarding unconstitutionality of the Rule has been upheld, the Registry will

take steps in respect of the three writ petitioners whose results were not

declared. Depending on the result, further steps, as may be called for, shall

be taken by the Registry. Following the interim order dated 12.07.2019, we

also make it clear that the three candidates cannot claim any equities, such

as, seniority, etc.

30. So far as the second batch of writ petitions is concerned, they stand

on a different footing. The petitioners in the second batch could not take

part in the recruitment process in terms of the Notification dated

03.12.2020. The Screening Test had in the meantime been conducted.

However, result of the saidScreening Test is yet to be declared.

31. Having regard to the above discussion, Notification dated

03.12.2020 is set aside. Consequently, the Screening Test held on the

basis of the said Notification cannot be sustained in law and, therefore,

there will be no necessity to declare the result of the Screening Test held

on 21.02.2021.

32. Registry is directed to issue a fresh Notification inviting applications

for General Recruitment to 68 posts of Civil Judge (Junior Division) in

Andhra Pradesh State Judicial Service comprising of 55 vacancies to be 32HCJ & CPK,J W.P.No.7934 of 2019 & batch

filled under Direct Recruitment and 13 vacancies to be filled under

Recruitment by Transfer.

33. All the candidates who have appeared for the Screening Test held

on 21.02.2021 in pursuance of the Notification dated 03.12.2020 would be

entitled to appear in the fresh recruitment process on the basis of their

application submitted earlier.

34. We also make it clear that if any of the candidates who had

appeared in the Screening Test held on 21.02.2021 and the writ petitioners

become overaged in the meantime, their age shall be deemed to have

been relaxed to enable them to take part in the fresh recruitment process

that would be initiated through Notification to be issued on the basis of this

order.

35. Needless to say, any eligible person who have not responded to the

earlier Notification dated 03.12.2020 shall also be entitled to participate in

the fresh recruitment process.

36. Accordingly, the writ petitions stand disposed of. No costs. Pending

miscellaneous applications, if any, shall stand closed.

ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J

IBL/Nn 33HCJ & CPK,J W.P.No.7934 of 2019 & batch

IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE C. PRAVEEN KUMAR

WRIT PETITION Nos.7934, 8763, 8692, 9132, 9139, 9140, 9148, 9152, 9158, 9164, 9166, 9168, 9169, 9170, 9184, 9192, 9266 and 9269 of 2019; 23455, 24229, 24307, 24333, 24427, 24519, 24520, 24676, 24812, 24850, 25172, 25345, 25486, 25512, 25597, 25599, 25600, 25605, 25718, 25760 and 25789 of 2020; 83, 475, 479, 497, 610, 1023, 1213, 1252 and 1795 of 2021

Dt: 04.03.2021

IBL