Point of law: Article uses the word “sha ”, which obviously gives a mandatory colour to the said Article. There fore, once the law has been declared by the Apex Court, it becomes the law of the land

ORDER :

Arup Kumar Goswami, J.

1. This batch of writ petitions can be divided into two categories. In one batch (hereinafter referred to as ‘first batch’), the petitioners, apart from praying for setting aside Rule 5(2)(a)(i) of the Andhra Pradesh State Judicial Service Rules, 2007 (for short, ‘the Rules’), as illegal, unconstitutional, arbitrary and ultra vires, Notification No.5/2019-RC dated 17.06.2019 issued by the Registrar (Recruitment), High Court of Andhra Pradesh, inviting applications through online for General Recruitment to 38 posts of Civil Judge (Junior Division) in Andhra Pradesh State Judicial Service comprising of 31 vacancies to be filled under Direct Recruitment and 07 vacancies to be filled under Recruitment by Transfer, is also put to challenge.

2. In other batch (hereinafter referred to as ‘second batch’), apart from praying for setting aside Rule 5(2)(a)(i) of the Andhra Pradesh State Judicial Service Rules, 2007 (for short, ‘the Rules’), as illegal, unconstitutional, arbitrary and ultra vires, Notification No.9/2020-RC dated 03.12.2020 issued by the Registrar (Recruitment), High Court of Andhra Pradesh, inviting applications through online for General Recruitment to 68 posts of Civil Judge (Junior Division) in Andhra Pradesh State Judicial Service comprising of 55 vacancies to be filled under Direct Recruitment and 13 vacancies to be filled under Recruitment by Transfer, is put to challenge.

3. In both the Notifications, eligibility criteria prescribed under Rule 5(2)(a)(i) of the Rules was laid down.

4. Rule 5(2)(a)(i) was substituted through amendment by G.O.Ms.No.29, Law (LA&J-SC.F) Department, dated 28.07.2017.

5. Rule 5 of the Rules prescribes the eligibility conditions for Direct Recruitment, amongst others, to the category of Civil Judges and Rule 5(2)(a)(i), prior to amendment, read as follows:

“5.Eligibility:

1) xxxxx

2) Civil Judges:

a) By Direct Recruitment: A person to be appointed to the category of Civil Judge shall be:

(i) A holder of a degree in law awarded by any University established by Law in India.”

6. Presently, after the amendment, Rule 5(2)(a)(i) reads as follows:

“5.Eligibility:

1) xxxxx

2) Civil Judges:

a) By Direct Recruitment: A person to be appointed to the category of Civil Judges shall be:

(i) One who has been practicing for not less than 3 years as an Advocate as on the date of publication of the advertisement in the newspapers.”

7. In both the batches of writ petitions, the petitioners had not fulfilled the eligibility prescribed under Rule 5(2)(a)(i) in that they had not put in three years of practice as on the date of publication of the advertisement in the newspapers.

8. In terms of the Notification dated 17.06.2019, the closing date for submission of online applications was fixed on 16.07.2019 and Screening Test (Computer Based Test) was to be conducted on 04.08.2019.

9. In the first batch of writ petitions, an interim order, first in point of time, came to be passed on 12.07.2019, directing the respondent authorities to accept the online applications of the petitioners, if they were otherwise found to be in order, and also to permit them to take the examination. It was further observed that any selection made in respect of the petitioners shall be subject to the result of the writ petitions and that the petitioners shall not claim any equities thereafter. An undertaking to that effect was directed to be taken, at the time of selection, in case the petitioners qualified in the preliminary examination.

10. Accordingly, in the first batch of petitions, the writ petitioners were allowed to appear for the examinations. Out of five candidates who appeared for viva voce, one came out successful and result of three other candidates, who are writ petitioners, was not declared.

11. After the Notification dated 03.12.2020 was issued, second batch of writ petitions came to be filed. However, unlike in the case of first batch of writ petitions, no interim order was passed directin