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2013 Supreme(SC) 1104

ANIL R.DAVE, DIPAK MISRA
Lakshmana Rao Yadavalli – Appellant
Versus
State of Andhra Pradesh – Respondent


JUDGMENT

Anil R. Dave, J.

1. Leave granted.

2. Being aggrieved by the Judgment delivered by the High Court of Andhra Pradeh in W.P.No.34683 of 2011 and 894 of 2012 dated 17th July, 2012, the appellants have filed these appeals.

3. The facts giving rise to the present litigation in a nut-shell are as under:

The appellants, Shri Lakshmana Rao Yadavalli and Shri Dunna Ramulu were desirous of being appointed as District and Sessions Judges (Entry Level) in the A.P. Higher Judicial Service and therefore, had applied for the post and they also found their names in the select list at serial nos.9 and 12 respectively.

4. Before they could be appointed to the post in question, Writ Petition Nos.34683 of 2011 and 894 of 2012 had been filed in the High Court wherein their selection had been challenged on the ground that the appellants had been working as Assistant Public Prosecutors and as such, they should not have been considered as advocates having standing of seven years at the Bar and according to the submissions made in the petitions, challenging their selection, a person working as a Public Prosecutor cannot be said to be an advocate practising at Bar because of his being in employment















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