NALLANTHIGHAL BHAKTAVATSALAM IYENGAR Vs. SECRETARY, ANDHRA PUBLIC SERVICE COMMISSION, KURNOOL AND ANOTHER

JUDGEMENT

(1.) This is an application for issuing a Writ of Mandamus directing the, Andhra Public Service Commission to entertain petitioner's application for appointment as District Munsif and to restrain the said Public Service Commission from finalising the selection of candidates for appointment as District Munsifs till his application is considered on its merits.

(2.) The Andhra Public Service Commission at Kurnool, by a notification dated 19-11-54 invited applications for the post of District Munsifs in the Andhra State Judicial Service to be filled by direct recruitment. According to para 5 of the notification, an applicant must satisfy the commission. (A) that at the time when he applies (i) he is practising as an Advocate of the High Court, (ii) he has been actually practising in Courts of Civil or Criminal jurisdiction in India for a period of not less than three years. (E) that on 1st July 1951 he had completed the age of 32 years i.e. that he was born on or after 2nd July 1919.

(3.) The petitioner is a graduate of the Andhra University, having passed the B.A. degree examination in 1943. He passed the LL.B. degree examination of the Bombay University in 1945 and the M.A. degree examination of the Bombay University in 1947. He was enrolled as an Advocate of the Bombay High Court on 14-2-1950. He set up practice at Masulipatam and has been practising in the Courts of the District and Sessions Judge and Subordinate Judge and other civil and criminal courts in the Krishna District. Pursuant to the notification issued by the Andhra Public Service Commission, he submitted his application on 20-12-1954. He received a communication from the Andhra Public Service Commission on 15-4-1955 to the effect that his application had been rejected as he did satisfy the conditions announced in para 5(A)(i) of the notification i.e. he was practising as an Advocate of the Andhra High Court. The petitioner contends that he was duly qualified to apply for the post and that the order of the Commission, rejecting his application, was illegal.