V VENKATA SUBRAHMANYAM Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) This matter has been referred to this Bench in view of the difference of opinion between learned Judges of this Court - S.R. Nayak, J and S. Ananda Reddy, J. - as regards quashing or otherwise of the order dated 19-6-1995 of the 1st respondent appointing respondent No.2 as Record Assistant and respondents 3 to 5 as Attenders.

(2.) The factual matrix of the matter is as under: The petitioner has passed SSC in March, 1983 and also studied two years vocational course during the years 1983-85 and got his name registered with the Employment Exchange, Nellore, bearing Reg.No.5612/83 on 6-7-1983. He is a resident of Nellore District and thus a local candidate within the meaning of Para 7 of Andhra Pradesh Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (for short "the Recruitment Order").

(3.) The District and Sessions Judge, Nellore issued a notification on 16-2-1995 calling for applications from the eligible candidates for the posts of one Record Assistant and five Attenders in the District Unit of Nellore Judicial Department. The petitioner being qualified and eligible for the same, applied for the said posts on 20-2-1995. He was interviewed along with others, but he was not selected and by the impugned proceedings dated 19-6-1995 the 2nd respondent was appointed as Record Assistant and respondents 3 to 5 were appointed as Attenders. The petitioner challenged the said proceedings alleging that since respondents 2 to 5 are not local candidates within the meaning of the recruitment order, the impugned order is illegal and contrary to the recruitment order. It is also alleged that the 2nd respondent is a resident of Kumool and the employment registration number furnished by her does not relate to Nellore district. Similarly, respondents 3 to 5 also do not belong to Nellore district and thus they are not local candidates. The Employment registration numbers furnished by them do not substantiate that they are on the rolls of Employment Exchange, Nellore. The appointment of respondents 2 to 5 is contrary to the Circular of the High Court dated 23-12-1987. Respondents 2 to 5 have neither resided nor studied in Nellore district at any point of time.