THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION No.6496 OF 2021 ORDER : (per Hon’ble Sri Justice P.Sam Koshy)

Heard Ms.Pasumarthy Pavithra Sai, learned counsel representing, Mr.M. Mallikarjun, learned counsel for the petitioner and Ms.M. Shalini, learned Government Pleader for Services-II, for respondent No.1 and Mr. T.P.S. Harsha, learned counsel for Kopal Sharraf, for respondent No.2. Perused the record.

2. When the matter is taken-up for hearing, it has been informed by the learned counsel appearing for the respondents that by virtue of interim order granted by this Court on 17.03.2021, the petitioner was permitted to appear in the examination of District Judge (Entry Level) that was to be held on

20.03.2021 as also 21.03.2021.

3. As per the interim order dated 17.03.2021 granted by this Court, the petitioner had appeared in the examination. However, it has been informed that the petitioner could not qualify in the examination. Since the petitioner could not qualify in the examination, the respondents proceeded with the recruitment process and completed the same by giving appointments to the most meritorious candidates.

4. In the light of the said development, the learned counsel for the respondents submit that the matter, therefore, has become infructuous, as nothing further remains to be adjudicated upon in the present Writ Petition and the matter so far as the age relaxation is concerned also is now of only an academic interest.

5. Learned counsel appearing for the petitioner strenuously contended that the interim order granted by this Court on 17.03.2021 was something which was not sought for at the first instance. Secondly, it was contended that as the interim order was granted on 17.03.2021 and the examination was held in just three days time i.e., on 20.03.2021 and 21.03.2021, the petitioner did not get sufficient time to prepare himself for the examination.

6. Both these contentions in the opinion of this Bench is not sustainable for the simple reason that once when the petitioner has challenged the notification so far as the upper age limit is concerned, it is presumed that the interim relief would be granted by permitting him to participate in the examination and the petitioner accepted the said interim relief with wide open eyes and has also tried his luck by appearing in the examination as permitted by the Division Bench vide its order dated 17.03.2021. Now having got disqualified in the said examination, the petitioner cannot be permitted to turn around and challenge the notification itself, which otherwise was challenged only so far as the petitioner being excluded from participating in the recruitment process on account of him having crossed the upper age limit. The relief sought for was permitted by way of aforesaid interim order by the Division Bench, after which the petitioner cannot claim any extra time to be granted for preparation for appearing in the written examination.

7. After the publication of the notification, it is not expected from the petitioner, if he was a serious candidate to have been preparing for the said examination all along without waiting for any notification to be published, whereby only if he would find himself eligible for participation thereafter would he start his preparation for the examination. Such a prayer made by the petitioner is truly not acceptable. So far as the age relaxation is concerned, we are of the considered opinion that issue is only of an academic interest, as the petitioner had been permitted to participate in the examination, inspite of his having crossed the maximum age limit.

8. The instant Writ Petition fails and is, accordingly, dismissed at this juncture. There shall be no order as to costs.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

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P.SAM KOSHY, J ___________________________ SUDDALA CHALAPATHI RAO, J

11.08.2025

nvl/srk