Ashok Talia, v. The Chief Secretary,

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.16382 of 2015 DATED:18.06.2015 Between:

Ashok Talla, Hyderabad.

And The Chief Secretary, General Administration (SC.F) Department, State of Telangana, Hyderabad and others.

....Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.16382 of 2015 PC: (Per Hon'ble Sri Justice S.V. Bhatt) Heard learned counsel for the petitioner and Sri Posani Venkateswarlu, Standing Counsel representing the third respondent.

The petitioner is a practicing Advocate.

The petitioner prays for mandamus declaring the action of the third respondent in rejecting the application of the petitioner for the post of District Judge (Entry Level), pursuant to notification dated 8.10.2014 as illegal, arbitrary and unconstitutional. To appreciate the fact in issue between the parties, it is apt to extract the ground on which the petitioner's application has been rejected by the third respondent.

Ashok Talla, H. No. 2-1-28, Near Old Ramalayam, Old Nallakunta, Hyderabad-500044.

The applicant is not having required standing at the bar. Hence rejected.

On 11.6.2015, we directed the third respondent to produce the original application of the petitioner along with the enclosures to examine whether the reasons for rejection are borne out by

record. The record is made available and we have perused the record.

The case of the petitioner is that on 9.8.1995, the petitioner has been admitted/enrolled as an Advocate in the Bar Council of the State of Andhra Pradesh. Ever since the petitioner claims to be practicing at Ranga Reddy District Court as well as in the High Court and accordingly has fifteen years of standing at the Bar. Along with his application, the petitioner has enclosed the Sanad dated 9.8.1995 and the Certificate dated 24.4.2014 issued by the A.P. High Court Advocate's Association. The Certificate reads as follows:

"This is to certify that Sri ASHOK TALLA, Advocate, Hyderabad, is a Life Member of this Association from 08-08-2008. His Enrollment No. is AP/1465/1995 dated 09-08-1995 and he has been practicing as an Advocate in the High Court of Andhra Pradesh."

It is by reference to this Certificate, the application of petitioner is rejected on the ground that the petitioner does not have seven years of standing at Bar, as required by the notification.

We have perused the original application of the petitioner. Prima facie, it appears, the rejection of petitioner's application is due to an erroneous examination of enclosures filed along with the application. Along with the application, the petitioner has also appended the details of the cases in which he has been appearing in this Court and also the trial Court at Ranga Reddy. Prima facie it appears by considering the Certificate dated 24.4.2014 and without considering the date of enrolment of petitioner the application is rejected. In our considered view, the ground on which the application of the petitioner is rejected is unsustainable and accordingly, the same is set aside.

The writ petition is ordered by directing the 3rd respondent to receive the application and issue Hall Ticket to the petitioner for the written examination scheduled on 28.6.2015. Consequently, pending miscellaneous petitions also stand closed.

____________________ DILIP B. BHOSALE, ACJ _________________ S.V. BHATT, J 18th June, 2015 Pnb