Andhra Pradesh High Court - Amravati
Sk Appibhaigari Juber Hussain vs The State Of Ap on 29 December, 2020
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) TUESDAY , THE TWENTY NINETH DAY OF DECEMBER O THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 25345 OF 2020 Between: 4. Shaik Appibhaigari Juber Hussain, S/o. S.A.Habibulla, 2. B.Shahida Begum, Wio. Thousheed Hussain, Petitioners AND 4. The State of Andhra Pradesh, Rep. by its chief Secretary, Law Department, Secretariat, Velagapudi, Amaravati, Guntur District, A.P. 2. The State of Andhra Pradesh, Rep. by its Secretary to Government, (Law) Secretariat, Amaravathi. . 3. The Registrar (Recruitment), High Court of Andhra Pradesh, Amaravati, Andhra Pradesh. Respondents
WHEREAS the Petitioner above named through their Advocate Sri Sudhakara Rao Ambati presented this 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 Andhra Pradesh Judicial Service Rules 2007, as amended vide G.O.Ms.No.29 Law (LA and J - SC.F) Department, dt.28- 07-2017 which mandates 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 and in particular, Clause Ill (a) of the Recruitment Notification bearing No.9/2020-RC, dated 03.12.2020, for the post of Civil Judge (Junior Division) issued by the 3rd Respondent herein as illegal, unconstitutional, arbitrary and ultra vires and more so against the settled Law laid down by the Apex Court in All India Judges Association Vs. Union of India (2002) 4 SCC 274 as well as violative of Articles 44 and 21 of the Constitution of India and consequently set aside the same directing 3rd Respondent to forthwith allow the Petitioners to submit application and appear in the competitive examination for the post of Junior Civil Judge without insisting on 3-years experience certificate as notified vide Notification No.9/2020-RC, dated 03.12.2020, in the interest of justice.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Sudhakara Rao Ambati Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
4. The Chief Secretary, Law Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District, A.P.
2. The Secretary to Government, (Law), State of Andhra Pradesh Secretariat, Amaravathi.
3. The Registrar (Recruitment), High Court of Andhra Pradesh, Amaravati, Andhra radesh.
are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted The Court made the following: ORDER To TVR (Through Video Conferencing) Issue notice returnable in six weeks.
List after six weeks along with connected batch of writ petitions.
Sd/-V.Satyanarayana GISTRAR ITRUE COPY// ASSISTANT RE Sues SECTION OFFICER _ The Chief Secretary, Law Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District, A.P. The Secretary to Government, (Law), State of Andhra Pradesh Secretariat, Amaravathi.
The Registrar (Recruitment),, High Court of Andhra Pradesh, Amaravati, Andhra Pradesh.
(1 to 3 by RPAD- along with a copy of petition and affidavit) One CC to Sri Sudhakara Rao Ambati, Advocate [OPUC] Two CCs to GP for Law & Legislative Affairs ,High Court of Andhra Pradesh. [OUT] One spare copy / HIGH COURT Z HCJ & LKJ DATED:29/12/2020 NOTICE BEFORE ADMISSION WP.No.25345 of 2020 LIST AFTER SIX WEEKS 20 JAN 2021