The State Level Police Recruitment Board (for short ‘the Board’), Government of Andhra Pradesh, issued notification dated 12-11-2010, inviting applications for recruitment of 4 Additional Public Prosecutors Grade II (Post Code No.41), and 113 Assistant Public Prosecutors (Post Code No.42) in the A.P. State Prosecution Service. In paragraph 8-B of the notification, the educational qualifications are prescribed, as a Bachelor’s Degree in any subject along with Bachelor’s Degree in Law, awarded by any University in India. Paragraph 8-C prescribes the qualification as to experience. For the post Additional Public Prosecutor, experience of not less than 7 years, as an Advocate, as on the date of notification, is prescribed. So far as the post of Assistant Public Prosecutor is concerned, experience as an Advocate for not less than 3 years in Criminal Courts in the State is prescribed.

The petitioners in both the writ petitions are Law Graduates, and are enrolled with Bar Council of Andhra Pradesh. They however do not have three years of active practice in the Criminal Courts. They challenge the clause 8 C(ii) of the conditions appended to the notification, which mandates that an