G SESHAMMA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These two writ petitions and the contempt case are filed by Smt. G. Seshamma, an Advocate practicing at Kovur Courts of Nellore District since 1978.

(2.) She filed W.P.No. 22717 of 1999 stating that on the request of the District Collector, Nellore, the District Judge, Nellore, by his proceedings issued in the month of November, 1999 requested the Senior Civil Judge, Kovur to submit a panel containing three names of practicing advocates with their Bio-Data for being sent to the Government for appointment as Assistant Government Pleader for Senior Civil Judge's Court and Junior Civil Judge's Court at Kovur duly considering the names of OC/ST/BC and Women Advocates, having seven years standing at the Bar. A copy of the said proceedings was also communicated to all the Advocates of Kovur Bar Association for furnishing information besides affixing a copy of the said proceedings on the Notice Board of the Senior Civil Judge's Court Kovur. Pursuant to the same the petitioner also furnished her Biodata as required to the Senior Civil Judge, Kovur. Considering the relative merits of different Biodatas of the respective advocates practicing at Kovur Bar Association the Senior Civil Judge sent the panel of advocates to the District Judge, Nellore, who forwarded the same to the District Collector, Nellore and the District Collector, Nellore, in turn sent the same to the Government for consideration and appointment of the Assistant Government Pleader at Kovur Courts of Nellore District. The writ petitioner contended that her name was included in the panel sent by the District Collector, Nellore, to the Government vide Letter Rc.C5.10041/98, dated 6-2-1999 and however the Government while keeping the said panel pending and without taking any decision on it, a fresh panel was called requesting the District Collector by Letter No. C5/10041/98, dated 19-3-1999 have requested the District Judge, Nellore, to submit a panel of three practicing advocates of Kovur Bar and pursuant to the letter of District Collector dated 19-3-1999, the District Judge, Nellore, vide his Official Memorandum in DIS.No. 1588, Dated 26-3-1999, requested the Senior Civil Judge, Kovur, to submit a fresh panel containing three names of practicing advocates and their Biodata for being sent to the Government for considering the proposal for appointment to the post of Assistant Government Pleader at the Senior Civil Judge's and Junior Civil Judge's Courts at Kovur. The official memorandum reads as follows: The Senior Civil Judge, Kovur is requested to submit a fresh panel containing three names of practicing Advocates with their Biodata for being sent to the Government to consider the proposals for appointment to the post of Assistant Government Pleader for Senior Civil Judge's Court and Junior Civil Judge's Court, Kovur duly considering the names of OC/ST/SC/BC and Women Advocates who are having 7 years standing at the Bar to the undersigned on or before 1-4-1999. District Court, Nellore. Sd/- Dated 26-3-1999. V. Prabhakar Reddy, District Judge, Nellore. DIS No. 1588, DL 26-3-1999. To The Senior Civil Judge (By name), Kovur. Copy to file. Copy communicated to all the Advocates of Kovur Bar for furnishing information by 31-3-1999. Sd/- Senior Civil Judge, Kovur 27-3-1999. Copy to the Junior Civil Judge, Kovur. Copy to the Additional Judicial Magistrate of 1st Class, Kovur, for affixing on the notice Boards of their Courts. Copy of Notice Board, Senior Civil Judge Court, Kovur.

(3.) As seen from the said Official Memorandum, a copy of which was communicated to all the Advocates of Kovur Bar Association for furnishing the information and also a copy of the said Official Memorandum was affixed on the notice board of the Additional Judicial Magistrate of First Class Court, Kovur and on the notice board of the Senior Civil Judge's Court at Kovur. Pursuant to the said Official Memorandum the petitioner once again furnished her Biodata as required for her appointment to the post of Assistant Government Pleader. She filed this writ petition stating that she came to know that her name was not included in the fresh panel of advocates even though she is a woman candidate available and as per the Government Orders in G.O.Ms.No. 57, Law, dated 16-3-1990, as amended by G.O.Ms.No.24, dated 24-2-1996, Special Reservation to an extent of 33l/3% is provided for women in each category of Law Officers. She also stated in her affidavit that in a similar case where the rule of reservation in the case of woman candidate namely Ch. Nirmalatha was not considered. She filed W.P.No. 7582 of 1999 and this Court allowed the said writ petition on 5-10-1999 setting aside the order of the Government and directed to implement the rule of reservations as provided in G.O.Ms.No. 24, dated 24-2-1996.