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Plea In Supreme Court Seeks Quashing Of Prerequisite Of 3 Years' Practice As Advocate For Being Eligible For Civil Judge Exam
Mehal Jain
29 Dec 2020 8:24 PM IST
A petition has been moved in the Supreme Court seeking to quash the pre-requisite condition of three years of practice as an Advocate to be eligible for the Civil Judge Exam in Andhra PradeshThe plea, by Regalagadda Venkatesh, an aspirant to the Civil Judge post in the Andhra Pradesh State Judicial Services, prays for quashing of Rule 5 (2)(a)(i) of the Andhra Pradesh State Judicial...
A petition has been moved in the Supreme Court seeking to quash the pre-requisite condition of three years of practice as an Advocate to be eligible for the Civil Judge Exam in Andhra Pradesh
The plea, by Regalagadda Venkatesh, an aspirant to the Civil Judge post in the Andhra Pradesh State Judicial Services, prays for quashing of Rule 5 (2)(a)(i) of the Andhra Pradesh State Judicial Service Rules, 2007 notified on 28.07.2017 vide G.O.Ms. no. 29 and Clause III (a) of Notification no. 9 / 2020 – RC dated 03.12.2020 as being in violation of Article 14 and 21 of the Constitution of India.
"Short facts of the case are that back in the year 2008, the then Combined State of Andhra Pradesh (pre-bifurcation) had notified the 'Andhra Pradesh State Judicial Service Rules, 2007' vide G.O.Ms. no. 119, Law Department on 02.08.2008, according to which, Rule 5 (2)(a)(i) read as follows:
'2. Civil Judge:
(a) By Direct Recruitment: A person to be appointed to the category of Civil Judges shall be:
(i) A Holder of a Degree in Law awarded by any University established by Law in India.'", the petition, through Advocates Chirag Sharma and Balaji Yelamanjula and AOR MP Shorawala, avers.
It is narrated that subsequently in the year 2014, the Combined State of Andhra Pradesh was bifurcated into the present State of Telangana and Andhra Pradesh. However, both the newly formed States remained to be supervised by a common High Court i.e. High Court of Andhra Pradesh and Telangana at Hyderabad.Thereafter on 28.07.2017, the AP state notified certain Amendments to the Rules of 2007. Rule 5(2)(a)(i) of the Rules of 2007 was amended into as the Impugned Rule:
"2. Civil Judge:
(a) By Direct Recruitment: A person to be appointed to the category of Civil Judges shall be:
(i) One who has been practicing for not less than 3 years as an Advocate as on the date of publication of the advertisement in the news papers;"
Thus, in such regard, it is submitted that pursuant to the amendment made in the year 2017 by the state of AP to Rule 5(2)(a)(i), it was imperative for a person to have practiced as an Advocate for three years as on the date of publication of advertisement in order to be eligible for direct recruitment as a Civil Judge in Respondent no. 1 State as opposed to being a mere Degree Holder in law awarded by any University established by Law in India as under the pre- amendment Rule. It is mentioned that a similar amendment to Rule 5(2)(a)(i) was also notified by the State of Telangana.
"Pursuant to the amendments notified by both the States, batches of Writ Petitions were filed before the common High Court thereby challenging the amendment made to Rule 5(2)(a)(i) by the States as being in contravention to Article 14 and 21 of the Constitution of India. That while the above Writ Petitions were pending, the common High Court was bifurcated in January 2019 into High Court for the State of Telangana at Hyderabad and Respondent no. 2. It is here pertinent to mention that subsequent to the High Court bifurcation, a batch of Writ Petitions were referred to the High Court for the State of Telangana at Hyderabad thereby challenging the amendment to Rule 5(2)(a)(i), which were subsequently allowed thereby declaring the amendment to Rule 5(2)(a)(i) by the State of Telangana as unconstitutional and to be against the holding of this Hon'ble Court in "All India Judges Association and Ors. Vs. Union of India and Ors." [2002 (4) SCC 247]", it is stated.
Thus, in light of the said judgment, it is submitted that the Apex Court has opined against the imperative law practice as an Advocate for three years to be an eligibility to compete and enter judicial services. Further, the High Court for the State of Telangana at Hyderabad has also declared the amendment to Rule 5(2)(a)(i) thereby imposing a pre-requisite practice of 3 years as an Advocate as an eligibility to apply for the post of Civil Judges as unconstitutional.
"On the other hand, the Respondent no. 1 State had, in the year 2017, notified the Impugned Rule in contravention to the holding of this Hon'ble Court in "All India Judges Association and Ors. Vs. Union of India and Ors." (supra). Further, in such consonance to the Respondent no. 1, the Respondent no. 2 (AP High Court) has been issuing Notifications thereby inviting applications for recruitment to the post of Civil Judges' in the State", the petitioner presses.
It is advanced that a Notification bearing no. 9 / 2020 – RC was issued by the High Court on 03.12.2020 thereby inviting applications for appointment to the post of Civil Judge (Junior Division) in Andhra Pradesh State Judicial Service, while imposing the condition of a pre-requisite practice of three years as an Advocate for the interested candidates vide the Impugned Clause.
Consequent to publication of such Notification, a batch of Writ Petitions were filed before the Respondent no. 2 High Court bearing challenging the legality of the Impugned Clause. The matter has been listed for 04.02.2021 by the Respondent no. 2, while the last date to apply for the said Civil Judge examination is 02.01.2021.
"Due to the imposition of the Impugned Rule / Impugned Clause as against the above-reproduced findings of this Hon'ble Court, the Petitioner, and several other such interested candidates, are facing great hardships, and thus it is imperative for the Petitioner to approach this Hon'ble Court", it is pleaded.
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