High CourtsDivision Bench(2021) 03 AP CK 0013

Godavarthi Kiran Babu And Ors vs State Of Andhra Pradesh

Andhra Pradesh High Court · Decided on 3 March 2021

HON’BLE JUDGES
Arup Kumar Goswami, CJ · C. Praveen Kumar, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 25801, 25587 Of 2020, 214 Of 2021

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Judgment

11 paragraphs · 462 words

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 of2020 & 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.