Andhra Pradesh High Court - Amravati
Godavarthi Kiran Babu, vs The State Of Andhra Pradesh, on 8 March, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE Mr. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE Mr.JUSTICE C.PRAVEEN KUMAR
Writ Petition No.25801 of 2020;
Writ Petition No.25587 of 2020; and
Writ Petition No.214 of 2021
(Through video conferencing)
Writ Petition No.25801 of 2020
Godavarthi Kiran Babu, S/o. Bhaskara Rao,
Aged about 24 years, Occ : Advocate,
R/o.3-16-16, Vinayaka Temple Street,
Nandulpet, Gandhi Nagar, Tenali,
Guntur District, Andhra Pradesh,
Pin-522201 & 13 Others .. Petitioners
Versus
The State of Andhra Pradesh,
Rep. by its Principal Secretary,
Law Department, Secretariat, Velagapudi,
Andhra Pradesh & 2 others .. Respondents
Counsel for the Petitioners : Mr.Narra Srinivasa Rao
Counsel for the Respondent No.1 : G.P. for Law & Legislative
Affairs
Counsel for the Respondent Nos.2 & 3 : Mr.N.Ashwani Kumar
Writ Petition No.25587 of 2020
Panchadi Akhila Naidu, D/o P.Mohan Rao,
Aged 26 years, Occ : Advocate,
R/o.D.No.30-17-4, F.No.302,
Dwarakamayi Towers, Varanasi vari Street,
Seetharampuram, Vijayawada-520002 .. Petitioner
Versus
The State of Andhra Pradesh,
Rep. by its Chief Secretary,
Law (LA&JSC.F) Department,
Secretariat at Amaravathi & another .. Respondents
Counsel for the Petitioner : Mr.N.Ravi Prasad
Counsel for the Respondent No.1 : G.P. for Law & Legislative
Affairs
Counsel for the Respondent No.2 : Mr.N.Ashwani Kumar
Writ Petition No.214 of 2021
Y.V.M.Saran Kumar, S/o.Nagendra,
Aged about 26 years, Occ : Advocate,
R/o : 10-188/1, Prasanthi Nagar,
Chandragiri, Chittor District,
Andhra Pradesh, PIN-517101. .. Petitioner
Versus
The State of Andhra Pradesh,
Rep. by its Principal Secretary,
Law Department, Secretariat,
Velagapudi, Andhra Pradesh & 2 Others .. Respondents
Counsel for the Petitioner : Mr.Narra Srinivasa Rao
Counsel for the Respondent No.1 : G.P. for Law & Legislative
Affairs
Counsel for the Respondent Nos.2 & 3 : Mr.N.Ashwani Kumar
Date of Hearing : 03.03.2021
Date of pronouncement : .03.2021
COMMON ORDER
(per C.Praveen Kumar, J)
1. These three writ petitions are filed seeking issuance of writ of
Mandamus to declare the amended Rule 5 (2)(a)(i) of the Andhra
Pradesh Sate Judicial Service Rules, 2007, by 2017 amendment vide
G.O.Ms.No.29, dated 28.07.2020, as illegal, unconstitutional, arbitrary
and ultra-virus and violation of Articles 14, 19 & 21 of Indian Constitution
and consequently, set aside the same and allow the petitioners for Civil
Judge (Junior Division) examination in Notification No.9/2020-RC,
Dt.03.12.2020 without 3 years experience at bar and by ordering the
respondents to follow the Supreme Court guidelines for fixing eligibility
criteria without having 3 years standing at Bar.
2. The issue involved in these three writ petitions is no more res
integra in view of the judgment, dated 04.03.2021, in W.P. No.7934 of
2020 & batch, wherein this Court held as under :
"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 said Screening 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 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."
3. Accordingly, the present Writ Petitions are also allowed in terms of
the judgment of this court referred to above. No order as to costs.
Consequently, miscellaneous petitions pending, if any, shall stand
closed.
ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J
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