(Per Ghulam Mohammed, J.)

Writ Petition No.3834 of 2010 is filed seeking a writ of mandamus to direct the 1st respondent to consider the case of the petitioner for promotion to the post of Assistant Registrar and revert respondents 2 to 20 as they are not eligible to be promoted as Assistant Registrars/Deputy Registrars.

2. The facts stated are:- the petitioner was initially appointed as Assistant on 01-4-1983 and promoted as Assistant Section Officer on 07-1-1997, later promoted as Deputy Section Officer on 11-2-2002 and thereafter further promoted as Section Officer on 11-3-2005 and since then he has been working as such. Respondents 2 to 20 were initially appointed as Court Masters, a post included in Category-6 of Division-I of Rule 3 of the Andhra Pradesh High Court Service Rules, 1975, for short "the Rules". According to Schedule-I appended to the Rules, to hold the post of a Court Master, under Category-6, one must have passed Government Technical Examination with a speed of 180 words per minute (wpm) in shorthand and Typewriting Higher Grade. It is stated that the 1st respondent-Registrar General has communicated seniority list of officers of the posts under Categories-2 to 4 of Division-I, working in High Court of Andhra Pradesh as on 1-7-2009. The case of the petitioner is that he came to know from said list that respondents 2 to 20 did not fulfil the requisite qualification of 180 words per minute in Shorthand as per Schedule-I of the Rules, and hence stated that they are not entitled to be appointed as Court Masters and further promoted as Assistant Registrars/Deputy Registrars, respectively. It is also his case that promotions of respondents 2 to 20 as Assistant Registrars/ Deputy Registrars are contrary to the Rules as their initial appointment as Court Masters itself was contrary to the Rules.

3. It is further stated that according to Rule 8 of the Rules, no person shall be eligible for appointment as a 'Full Member' in the Categories 1 to 4 of Division-I, unless he qualifies himself in the Accounts Test for Executive Officers within the period of probation. The respondents 2 to 4, 6 and 13 to 18 did not pass the Accounts Test for Executive Officers so far. According to Rule 11 (2) of the Rules, if a probationer fails to pass the prescribed Special Tests, the appointing authority shall by order discharge him unless the period of probation is extended under Rule 12. It is stated that no extension was granted to respondents 2 to 20 to pass the test. That even assuming if extension was granted, the period of probation cannot extend beyond a period of one year under Rule 12 of the Rules. Therefore, said respondents who have not passed the Accounts Test are liable to be discharged or reverted to the lower post. But contrary to the Rules, the respondents 2 to 20 were allowed to continue in the category of Assistant Registrars/Deputy Registrars and as such, the petitioner is deprived of promotion as Assistant Registrar. Hence, the writ petition.

4. The High Court of Andhra Pradesh represented by the Registrar General-1st respondent has filed counter affidavit. It is stated in the counter that respondents 5, 7 to 16, 18 and 20 were initially appointed in various departments and they were selected and appointed by transfer in Andhra Pradesh High Court Service, whereas respondents 2, 4, 6, 17 and 19 were appointed directly as Court Masters in AP High Court Service. As per the gradation list furnished to the employees working in Category-4 of Division-I, respondents 2, 3, and 5 to 20 did not possess required qualification, i.e., pass in Shorthand 180 words per minute It is denied that respondent No.4 did not possess the required qualification, i.e., pass in Shorthand 180 words per minute. Respondents 6, 9 to 11, 14 and 17 are concerned, they possessed Shorthand 150 wpm at the time of their selection and respondents 12, 15 and 20 have acquired Shorthand 150 wpm qualification after their election as Court Masters. Other res