Andhra Pradesh High Court - Amravati
Gandi Meena vs The State Of Andhra Pradesh on 3 February, 2026
Author: D Ramesh
Bench: D Ramesh
[ 3208 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
TUESDAY, THE THIRD DAY OF FEBRUARY
i I •
TWO THOUSAND AND TWENTY SIX
■•V^X-nS-. '■
:PRESENT: \Y'
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 2971 OF 2026
Between:
Gandi Meena, D/o G. Ramu Naidu, aged 32 years. R/o G.T.Peta
Village, Mentada Mandal, Vizianagaram Dist.
Petitioners
AND
1. The State of Andhra Pradesh, Rep. by Its Principal Secretary,
Department of Home, Secretariat, Velagapudi, Guntur District, Andhra
Pradesh -522237
2. Andhra Pradesh State Level Police Recruitment Board, Rep by its
Chairman, Mangalagiri, Guntur District, Andhra Pradesh - 522503
3. Directorate of Prosecution, Rep by its Director, New Government
Offices Building, 1st Floor, M.G.Road, Vijayawada 520010, NTR
District.
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 Pleased to issue an appropriate writ, order or direction more
specifically in the nature of certiorari declaring the evaluation of Paper II of the
written examination conducted pursuant to Notification No. RC
No. 115/SLPRB/Rect-1/2025 dated 04.08.2025, as amended on 05.08.2025,
for recruitment to the post of Assistant Public Prosecutors in AP State
Prosecution service, as arbitrary, illegal and unconstitutional.
To direct the respondents in the nature of Mandamus to re-evaluate the Paper
II answer scripts of the petitioners in a fair, transparent and reasoned manner
in accordance with law.
To direct the respondent to constitution of an independent committee
consisting of eminent jurists, subject experts to lay down evaluation guidelines
and oversee the re-evaluation process.
lA NO: 1 OF 2026
Petition under Section 151 CPC is filed praying that in the
circumstances stated in the grounds filed in support of the petition, the
High Court may be pleased to direct the respondents to include the
petitioner's paper-11 answer script also for evaluation along with other papers
already randomly selected in the earlier WP. 35439/2025, Pending disposal of
WP 2971 of 2026, 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
BHAGAVAN GANDI, Advocate for the Petitioner, learned GP FOR HOME for
the Respondent Nos.1 to 3, the Court made the following
ORDER:
The present Writ Petition is filed to declare the evaluation of Paper-ll of the Written Examination conducted pursuant to the Notification vide Rc.No.115/SLPRB/Rect-1/2025, dated 04.08.2025 as amended on 05.08.2025 for recruitment to the post of Assistant Public Prosecutors in A.P. State Prosecution Service, as illegal and arbitrary.
A Notification vide Rc.No.115/ SLPRB/ Recti/2025, dated 04.08.2025 was issued for recruiting Assistant Public Prosecutors of Andhra Pradesh State Prosecution Department against 42 vacancies. An amended Notification was issued on the next date i.e. 05.08.2025 vide Rc.No.115/SLPRB/ Rect.1/2025.
The trigger for issuing the impugned Notification is the Order dated 19.03.2025 passed by 4:his Court in WP (PIL) No.308 of 2018 along with W.P.No.5026 of 2020 & W.P (PIL) No.119 of 2024.
As per the said Notification, the Selection Procedure/Scheme consists of Written Examination in Papers-I & II. The same is extracted below;-
Paper Subject Max.Marks for Paper-1 Indian Constitution; the BNSS, 200 2023 and Criminal Rules of Practice and Circular Orders, 1990; BSA, 2023; BNS, 2023; Minor Acts, Special Acts. Paper-ll Indian Constitution; the BNSS, 200 2023 and Criminal Rules of Practice and Circular Orders, 1990, BSA, 2023, BNS, 2023, Minor Acts, Special Acts
The minimum marks to be secured by the candidates in order to qualify in the Written Examination are 40% for OCs; 35% for BCs and 30% for SCs/STs/Ex-Servicemen in each paper. The candidates who are qualified would be called for interview and thereafter the selection list would be issued.
In the present case, the Petitioner, who had applied for the posts of Assistant Public Prosecutors in the Andhra Pradesh State Prosecution Department had secured high marks i.e., more than 50% in Paper-1, but had secured abysmally low marks in Paper-ll and did not qualify for further selection process.
The learned counsel for the Petitioner contends that out of 1500 and odd candidates, who have appeared for the examinations, just about 10 candidates were qualified for interview and most of the aspirants had failed on account of low scores in Paper-ll. The learned counsel further contends that the selection process should be in the ratio of 1:2 and even this could not be achieved.
Reliance was placed by the counsel for the Petitioner on the Judgment dated 13.12.2019 of the Supreme Court in Pranav Verma and Others v. The Registrar General of the High Court of Punjab and Haryana, Chandigarh and Another in WP (Civil) No.565 of 2019 with WP (Civil) No.617 of 2019 and W.P (Civil) No.651 of 2019.
Learned Government Pleader for Services-ll appearing for the Respondents would contend that the Petitioner having failed to secure minimum marks cannot turn around and question the evaluation of Paper-ll. It is further contended that quality in appointments cannot be compromised and the attempt of the Respondents is only to ensure meritorious are appointed.
Heard the counsels.
In the Judgment cited by the counsel for the Petitioner, 14301 candidates appeared for Preliminary Examination for the purpose of Civil Judge (Junior Division) in the Haryana Civil Service (Judicial Branch) Examination - 2017 and eventually only 9 candidates were found fit for interviews. Questioning the same, the aggrieved persons filed the Writ Petitions before the Supreme Court and the Supreme Court on 03.05.2019 had appointed Justice (Retired) A.K. Sikri to look into some of the answer scripts of the Main Exam to make an assessment whether the evaluation undertaken should be accepted by the Court.
Pursuant thereto, a report was submitted by Justice (Retired) A. K. Sikri on 31.Q7.2019 and on the basis of the said report, the Supreme Court vide Judgment dated 13.12.2019 directed to award 20 grace marks in Civil Law-I Paper and 10 grace marks in Civil Law-ll Paper to all the candidates of 2019 Examination and prepare fresh results of the Main (Written) Examination of Civil Judge (Junior Division).
In the present case also, only 10 candidates were qualified for interview out of 42 notified posts. The variance in the marks secured in Papers-I & II is huge and in that context, it would be appropriate if the Respondents by following the Judgment of the Supreme Court seek for independent evaluation of Paper-ll in the Written Examination before further steps being taken to fill up left over vacancies.
Therefore, there shall be an interim direction as under;
(i) The Respondents shall get independent evaluation of Paper-ll of the Petitioner and other similarly placed persons at random through academically acclaimed persons with regard to the method of evaluation and also seek for a report from them with regard to method of valuation of Paper-ll.
(ii) In the event, the academically acclaimed persons are satisfied with the method of valuation adopted for Paper-ll, the Respondents are at liberty to proceed further to fill up left over vacancies,
(iii) This order would not come in the way of the persons shortlisted for appointment.
List after four weeks.
SD/- K.SRIMSVASA RAJU
'i
//TRUE COPY// ASSISTANT REGISTRAR
For
SECfl^ OFFICER
To,
1. The Principal Secretary, State of Andhra Pradesh, Department of Home, Secretariat, Velagapudi, Guntur District, Andhra Pradesh - 522237 (BY SPECIAL MESSENGER)
2. The Chairman, Andhra Pradesh State Level Police Recruitment Board, Mangalagiri, Guntur District, Andhra Pradesh - 522503
3. The Director, Directorate of Prosecution, New Government Offices Building, 1st Floor, M.G.Road, Vijayawada 520010, NTR District. (2&3 by RPAD)
4. One CC to SRI. BHAGAVAN GANDI Advocate [OPUC]
5. Two CCs to GP FOR HOME, High Court Of Andhra Pradesh. [OUT]
6. One spare copy Kj
-1 \ HIGH COURT DR,J DATED:03/02/2026 LIST AFTER FOUR WEEKS ORDER WP.No.2971 of 2026 INTERIM DIRECTION