Y. V. ANJANEYULU, J.

( 1 ) THE Andhra Pradesh Public Service Commission and the State Government are the appellants herein. They question the correctness of the view taken by our learned brother Rama Rao J,, in W. P. No. T4286/84 that the proviso to Rule 12 (b) of the Andhra Pradesh State Judicial Service Rules ("the Rules", for short) is discriminatory and violative of Articles 14 and 16 of the Constitution of India. The relevant facts may be noticed.

( 2 ) THE respondent is a Law Graduate of the Andhra University and was enrolled as an advocate on 2-2-1977. He had practised as advocate for over four years at Razole in East Godavari District With effect from t-4-1981, the respondent joined the service of Hindusthan Ship-yard Limited at visakhapatnam, which is a wholly-owned Company by the Government of india. The Service Commission invited applications through a notification by advertisement on 3-12-1983 for filling up 121 vacancies of District Munsiffs by direct recruitment. In response to the above advertisement, the respondent submitted an application and he also appeared for the screening test held on 27-5-1984. On 20-9-1984 the Service Commission informed the respondent that

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