The educational qualification prescribed for the post included passing of intermediate examination companyducted by the A.P. State Board of intermediate examination or any equivalent examination.
6184 of 2009.
The matter relates to the appointment to the post of Junior Assistants in the office of District and Sessions Judge, Adilabad, Andhra Pradesh.
As per the official respondents even in the numberification dated 4.12.2009 vide which applications for the aforesaid post were invited it was categorically provided in Clause XI thereof as under Mere applying will number give any right to any person to be called for either written examination and interview as the application of the candidates will be short listed as per guidelines issued by Honble High Court from time to time Taking shelter of the aforesaid provisions the authorities tried to justify their action to numberify only those candidates who had higher qualification i.e. who were graduates.
While issuing numberice in the Special Leave Petition on 16.12.2010 this Court had granted interim stay as prayed for.
Thus, vide orders dated 20.4.2010 a Division Bench of the High Court dismissed the Writ Petition with liberty to the respondents to take appropriate action in accordance with law.
However, this explanation given by the official respondents, did number companyvince the High Court.
Thereafter, the respondent filed Writ Petition No.
2318/96 C1 1 dated 1.7.1996, Clause 7 E whereof reads as under 7 E The Selection Committee shall screen all the applications from the list A to C and shortlist the same, keeping in view that number more than 25 candidates will be companysidered for each vacancy.
9437 of 2010 praying for issuance of a writ order or directions, more particularly one in the nature of Writ of Mandamus, declaring action of the authorities in prescribing degree qualification as against the prescribed intermediate qualification shown in the Notification dated 4.12.2009 as illegal, arbitrary and violative of Article 21 of the Constitution of India.
The appellants as well as the respondent and her sister fulfilled these qualifications.
Interim orders were passed in this Writ Petition to the effect that any appointment made to the post of Junior Assistants shall be subject to the result of the Writ Petition.
In this manner the official respondent short listed the application enhancing the minimum qualification to degree and even after short listing more than 3,800 candidates appeared for written examination.
8923 of 2010 in the High Court of Andhra Pradesh.
Since the appellants were in service when their recruitment was quashed, along with Special Leave Petition the appellants had also filed I.A. praying for stay of the impugned judgment of the High Court.
The respondent herein as well as her sister V. Buelah were also the applicants.
All the appellants herein also applied for the said post.
The Counsel for the appellant was heard at length.
However when the petition was taken up on 20.10.2010 the Court found that the examination for the said post had already been companyducted on 18.4.2010.
This Writ Petition, after companytest, has been allowed by the High Court vide impugned judgment dated 25.10.2010 holding that the selection procedure and recruitment process followed by the District Judge for recruitment to the 17 posts of Junior Assistants is unsustainable and the orders appointing the appellants to the said post has been quashed.
The Principal District and Sessions Judge had issued Notification dated 4.12.2009 inviting applications for 17 posts of Junior Assistants.
As a companysequence, the appellants companytinue in the employment.
However, since the authorities had received large number of applications, the District Judge decided to raise the bench mark for short listing the candidates and only those candidates having degree qualification were sent letters for participating in the selection process.
This was in companypliance with the directions given by the High Court of Andhra Pradesh.
The Respondent and her sister got excluded in this short listing process.
Notice was issued.
Challenging their exclusion both the respondent and her sister filed the Writ Petition No.
Leave granted.
9437 of 2010 filed by the Respondent herein and quashing the recruitment of the appellants herein to the post of Junior Assistants in the Unit of District and Sessions Judge, Adilabad under category IV of the A.P. Judicial Ministerial Service Rules 2003 pursuant to the Notification dated 4.12.2009 bearing Reference No.
K. SIKRI, J. The appellants have filed the present petition under Article 136 of the Constitution of India for Special Leave to Appeal against the final judgment and order of the High Court of Andhra Pradesh at Hyderabad dated 25.10.2010 allowing Writ Petition C No.
