An important question having significance in the field of education and public employment falls for consideration in this writ petition. Whether a person, who obtains Bachelor's Degree from an Open University established under an Act of competent Legislature, is eligible for being considered for appointment/promotion to a post even when such person does not possess any Pre Degree qualification like Secondary School Certificate and/or Intermediate?

2. The fact of the matter is not much in dispute. Petitioner is an Attender in Andhra Pradesh Last Grade Service working in the Unit of District Court, Nalgonda. By the date of appointment in 1988, he had passed 10th class. Subsequently he also obtained Bachelor of Arts (B.A.,) Degree in 1992 and taking this into consideration, he was promoted to the post of Copyist in February 1993. Post of Copyist is regulated by Andhra Pradesh Judicial Ministerial Service Rules 2003 (APJMS Rules). In November 2001, petitioner was promoted to the post of Junior Assistant in a leave vacancy. But he was reverted to the post of Copyist to accommodate another Junior Assistant, who was regularized in the post of Junior Assistant.

3. Government of Andhra Pradesh vide G.O.Ms.No.568, dated 26.12.2005, amended Rule 6(2) of Andhra Pradesh Ministerial Service Rules 1998 (Ministerial Service Rules) by adding second proviso. As per newly inserted proviso, in the matter of appointment/promotion to any post for which Intermediate qualification is prescribed, a person with higher qualification such as Bachelor's Degree and/or Post Graduation qualification from any University established or incorporated by or under a Central or State Act without basic educational qualification prescribed for the post shall also be eligible for appointment by transfer/conversion to the post of Junior Assistant or for promotion to the post of Senior Assistant. After advent of the said G.O., petitioner made a representation to District Judge, Nalgonda, on 30.1.2006, requesting to consider his case for the post of Junior Assistant as per the said G.O. By impugned proceedings dated 31.1.2006, District Judge rejected request. That G.O.Ms.No.568, dated 26.12.2005, is not applicable to petitioner and that as petitioner does not have requisite basic qualification of Intermediate prescribed for the post of Junior Assistant, Degree of B.A., from Dr.B.R. Ambedkar Open University (BRAOU) is of no avail, are reasons for rejection. In this writ petition besides seeking invalidation of proceedings of District Judge, petitioner also seeks direction to promote him as Junior Assistant after setting aside proceedings dated 27/28.1.2006 of District Judge promoting respondents 4 and 5 as Junior Assistants.

4. Registrar General of Andhra Pradesh High Court filed counter affidavit alleging that a pass in Intermediate being minimum basic qualification as per APJMS Rules, amendment issued to Ministerial Service Rules has no application. Counter affidavit is silent with regard to effect of Degree granted by BRAOU.

5. Learned Counsel for petitioner submits that respondents 4 and 5 are juniors to petitioner in the category of Copyists, and therefore, denial of promotion to petitioner is arbitrary and discriminatory. He would urge that merely because respondents 4 and 5 have Intermediate qualification, they cannot be treated as superior to petitioner, who has obtained degree from BRAOU. Ignoring persons with higher qualification and promoting persons with lesser qualification is violative of Articles 14, 16 and 21 of Constitution of India. Learned Standing Counsel for Andhra Pradesh High Court opposed writ petition.

6. Learned District Judge rejected application of petitioner on the ground that G.O.Ms.No.568, dated 26.12.2005 amending Ministerial Service Rules, has no application to Gazetted/Non-Gazetted posts in judicial administration. These posts are exclusively governed