LANKA ANNAPURNA SREE Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THESE writ petitions challenge the validity of Notifications Nos. 1/2009-RC and 2/2009-RC (backlog vacancies), dated 28.01.2009 and 18.02.2009, respectively issued by the High Court of Andhra Pradesh calling for applications for recruitment to the post of Civil Judge by direct recruitment and recruitment by transfer and for filling up back-log vacancies (under direct recruitment and recruitment by transfer). The petitioners are aggrieved by the prescription of minimum marks in the viva-voce test. The notifications stipulate that a candidate to be qualified for recruitment should acquire the minimum marks of ten (10), eight (8) and six (6) for OC; BC; and SC and ST categories, respectively in viva-voce for eligibility for appointment as Civil Judge, whether by direct recruitment or recruitment by transfer. All the petitioners are either advocates who have applied for direct recruitment or are employed in the several feeder categories stipulated in the Andhra Pradesh Judicial Service Rules, 2007 ('the 2007 Rules') issued in G.O.Ms. No. 119, Law (L.A. and J-SC.S) Department, dated 02.08.2008 as categories from which recruitment by transfer could be made for the post of Civil Judge. All the petitioners applied for recruitment pursuant to the notifications and have qualified at the written examination. They however could not secure the minimum marks stipulated in the notifications in the viva-voce test and thus failed to obtain appointment. The notifications are challenged on several grounds: (A) That the 2007 Rules do not stipulate the requirement of obtaining minimum marks at the viva-voce test for eligibility for appointment; (B) That they failed to get selection despite obtaining high marks in the written examination on account of not obtaining the minimum qualifying marks at the viva-voce test and therefore the prescription of minimum qualifying marks in the viva-voce is illegal and arbitrary; (C) That the process of viva-voce was too short and perfunctory to be meaningful; and (D) That the allocation of 20 marks for viva-voce out of a total of 100 marks is arbitrary and contrary to the binding decisions of the Supreme Court.

(2.) THE 2007 Rules are enjoined to come into force w.e.f. 01.01.2007.

(3.) RULE 4(2)(d) sets out the method of appointment to the category of Civil Judge and reads: 4 (d) (i) appointment to the category of Civil Judges shall be made by direct recruitment from among the eligible Advocates on the basis of written and viva-voce tests as prescribed by the High Court and (ii) Recruitment by transfer on the basis of written and viva-voce tests as prescribed by the High Court from among the confirmed members or approved probationers of (i) Categories 5 and 6 of Division-I and Categories 1 to 4 of Division-II of the Andhra Pradesh. High Court Service; (ii) Categories 1 to 6 of The Andhra Pradesh Judicial Ministerial Service; (iii) Assistant Public Prosecutors, Senior Assistant Public Prosecutors, Additional Public Prosecutors Grade-II of A.P. State Prosecution Service; (iv,) Sections Officers in the Law Department of the Secretariat; (v) Sections Officers in the legislature Department; and (vi) Managers of the officers of the Advocate General; Government Pleaders; Public Prosecutors, Editor, I.L.R. Provided that one out of every five vacancies in the cadre shall be filled up by means of recruitment by transfer.