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2016 Supreme(AP) 132

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
DILIP B. BHOSALE & S.V. BHATT, JJ.
Sarasani Satyam Reddy & Others –Appellant
Versus
The Union of India, rep. by its Secretary, Ministry of Law and Justice & Others -Respondent
Public Interest Litigation No. 31 of 2015 & Writ Petition Nos. 5394 of 2015, 5433 of 2015, 5415 of 2015
Decided On : 29-04-2016

Advocates Appeared:
For the Petitioners:Sarasani Satyam Reddy, G. Vidya Sagar, Senior Counsel, Rajender Reddy, Advocates.
For the Respondents:R1, K. Nataraj, Addl.Solicitor General of India for B. Narayana Reddy, Assistant Solicitor General of India, R2, C.U. Singh, Senior Counsel for S. Sri Ram, (SC for High Court), J. Anil Kumar (SC for High Court), R3, K. Ramakrishna Reddy, Advocate General for State of Telangana, R4, D. Srinivas, Addl. Advocate General for State of A.P. For the Intervener:S. Niranjan Reddy, Tarun G. Reddy, Advocates.

Headnote:

Andhra Pradesh Reorganization Act, 2014 - Section 2 (a) - Constitution of India,1950 - Article 226 and Article 234 – Petitioners have challenged very same notifications issued by respondent high Court contending that notifications are illegal and volatile - Petition raise common questions of law relating to filling up of vacancies in cadre of Civil Judges notifications issued by High Court for direct recruitment and hence are being disposed of by this common judgment - Petitioner has prayed for a writ of Mandamus declaring action of respondent High Court in not bifurcating subordinate judiciary and for notifying vacancies of posts of Civil Judges for year vide Notification and consequential Notification inviting applications for recruitment - notifying vacancies of the posts of Civil Judges for year and consequential Notification inviting applications for recruitment to said posts as null and void arbitrary illegal and volatile - Process of appointment of District Judges and recruitment to Judicial Service in both States only after bifurcation of subordinate judiciary into Andhra Pradesh State Judicial Service and Telangana State Judicial Service - Held, Supreme Court has given calendar for completing process of recruitment to posts of Civil Judges starting from every year and completing same on December - Calendar shows that process of recruitment takes complete one year - Thus having regarded to judgment of Supreme Court in opinion all three legal maxims would have application to the facts of the present case. It is not in dispute that there was and is pressing need for filling vacancies in subordinate judiciary in both States - Process already got delayed in view of the bifurcation of erstwhile State of Andhra Pradesh - That seems to be reason why Supreme Court on applications made by High Court in issued directions from time to time knowing full well fact situation in these States and provisions of Act and monitored implementation of directions - It is also clear from order of Supreme Court rejecting application filed by High Court bearing whereby High Court sought six months extension to complete recruitment process which had already commenced was rejected - Writ Petitions dismissed (Para 17)

JUDGMENT :

Dilip B. Bhosale, J.

1. These petitions, under Article 226 of the Constitution of India, raise common questions of law, relating to the filling up of vacancies in the cadre of Civil Judges (Junior Division) pursuant to the notifications issued by the High Court for direct recruitment, and hence are being disposed of by this common judgment.

2. The first petition (PIL No.31 of 2015) is filed by a designated Senior Advocate practicing in this Court. The 2nd and 3rd petitions (W.P. Nos.5394 & 5433 of 2015) are filed by two advocates, and the fourth petition (W.P. No.5415 of 2015) is filed by a Superintendent in the Rangareddy District Court.

3. In the PIL, petitioner has prayed for a writ of Mandamus declaring action of the respondent – High Court in not bifurcating subordinate judiciary and for notifying 97 vacancies of the posts of Civil Judges (Junior Division) for the year 2014 vide Notification No.15/2014-RC, dated 9.1.2014, and consequential Notification No.15/2014-RC, dated 1.2.2014, inviting applications for recruitment to the said 97 posts (for short, “2014 Notification”); and so also similar Notification bearing No.54/2015-RC, dated 5.2.2015, notifying 34 vacancies of the posts of Civil Judges (Junior Division) for the year 2015, and consequential Notification No.54/2015-RC, dated 9.2.2015, inviting applications for recruitment to the said 34 posts (for short, “2015 Notification”) as null and void, arbitrary, illegal and violative of Articles 233 and 234 of the Constitution of India and so also Part-VIII of the Andhra Pradesh Reorganization Act, 2014. Further he prays for a consequential direction to the respondent – High Court to undertake the process of appointment of District Judges, and recruitment to Judicial Service in both the States only after bifurcation of subordinate judiciary into the Andhra Pradesh State Judicial Service and the Telangana State Judicial Service.

4. In the remaining three writ petitions, the petitioners have challenged the very same notifications issued by the respondent – High Court contending that the notifications are illegal and violative of Article 234 of the Constitution of India and contrary to Telangana State Judicial Service Rules, 2015 notified vide G.O.Ms.No.3, dated 11.2.2015 (for short, ‘2015 Rules’). The impugned Notifications are under Andhra Pradesh State Judicial Service Rules, 2007 (for short, “2007 Rules”).

5. In order to understand the controversy and to address the questions of law raised in these petitions, a detailed reference to the facts/sequence of events would be necessary.

5.1 The Andhra Pradesh Reorganisation Act, 2014 (Act No.6 of 2014) (for short, ‘the Act’) received the assent of the President of India on 1st March, 2014. The Act provides for reorganization of the then existing State of Andhra Pradesh and the matters connected therewith. The Act created a separate State of Telangana for the betterment of social, economic, political and other aspirations in view of the longstanding demand of the people in the said region. The Act was published in the Gazette of India on the 1st March, 2014. The ‘appointed day’, as defined under Section 2 (a) is “2nd of June, 2014”. By operation of the Act, two Separate States have been formed splitting the composite State of Andhra Pradesh into the State of Telangana and the residuary State of Andhra Pradesh. The city of Hyderabad in the composite State of Andhra Pradesh as provided for in Section 5 of the Act shall be the common capital of the State of Telangana and the State of Andhra Pradesh for such period not exceeding ten years.

5.2 Section 30 of the Act states that on and from the appointed day the High Court of Judicature at Hyderabad shall be the common High Court for the State of Telangana and the State of Andhra Pradesh till a separate High Court for the State of Andhra Pradesh is constituted under Article 214 of the Constitution read with Section 31 of the Act. It further provides that the Judges of the High Cour

































































































































































































































































































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