A view of the Andhra Pradesh High Court building. | Photo Credit:
V. Raju
A Division Bench of the Andhra Pradesh High Court comprising Chief Justice Arup Kumar Goswami and Justice C. Praveen Kumar held Rule 5(2)(a)(i) of the Andhra Pradesh State Judicial Service Rules, 2007 as unconstitutional.
The rule stipulated that a person seeking appointment as a civil judge must be practising as an advocate for not less than three years as on the date of publication of the advertisement in newspapers.
The court declared that every candidate holding a law degree awarded by any recognised university was eligible for the position of junior civil judge, and said it struck down the additional qualification of three years of practise as an advocate imposed by the amended rule in view of an earlier Supreme Court decision, which is binding on all the High Courts as provided under Article 141 of the Constitution.
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SC issues notice to Andhra over requirement of 3 years experience as advocate for Civil Judge exam ANI | Updated: Dec 30, 2020 13:28 IST
New Delhi [India], December 30 (ANI): The Supreme Court has issued a notice to the Andhra Pradesh government on a plea challenging the pre-requisite condition of three years of practice as an advocate to be eligible to write Civil Judge Exam in Andhra Pradesh.
A Bench headed by Justice Indira Banerjee also refuses to stay the Andhra Pradesh State Judicial Service Rules of 2007 which lays down the condition.
In its order, the Bench said, Petitioner has challenged a notification of 2020 inviting application for appointment of civil judge junior division in Andhra Pradesh State Judicial Services. The question is on the eligibility requirement of three years as a practicing advocate. 2007 rules are under challenge in this plea. There can be no kind of urgency to entertain this petition on
Supreme Court of India in New Delhi. File
| Photo Credit:
V. Sudershan
While agreeing to hear the plea, a vacation Bench of justices Indira Banerjee and Aniruddha Bose also issued notice to the Registrar (recruitment) of the Andhra Pradesh High Court on the petition The Supreme Court Wednesday sought response from the Andhra Pradesh government on a plea challenging the stipulated condition of three years practice as an advocate to be eligible for appearing in exam for appointment as civil judge in the state.
While agreeing to hear the plea, a vacation Bench of justices Indira Banerjee and Aniruddha Bose also issued notice to the Registrar (recruitment) of the Andhra Pradesh High Court on the petition.
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