- (1.) LEAVE granted in the special leave petition by K. Manjusree. The selection to ten posts of District and Session Judges (Grade-II) in the Andhra pradesh State Higher Judicial Service in pursuance of the advertisement dated 28. 5. 2004 is the subject matter of this appeal by special leave and writ petitions.
(2.) SELECTION and appointments to the post of District and Session Judges (Grade II) are governed by the Andhra Pradesh State Higher Judicial Service rules 1958 (Rules for short ). The said Rules provide that one-third of the total number of permanent posts of District and Session Judges (Grade II)should be filled by direct recruitment. It also prescribes the qualifications for appointment, but does not prescribe any procedure for selection. As the rules only prescribe the qualifications for appointment but did not lay down the selection procedure, the manner and method of selection is decided by the High Court, for every selection, as and when the vacancies are notified for selection. The Government of Andhra Pradesh issued an advertisement dated 28. 5. 2004 inviting applications for appointment to the following ten posts of district and Sessions Judges (Grade II) in the A. P. State Higher Judicial service by direct recruitment: JUDGEMENT_157_TLPRE0_2008Html1.htm The advertisement stated that a written examination followed by an interview will be held for selection to the above posts. The last date for receipt of applications was 15. 6. 2004. In all 1637 applications were received. On scrutiny 1516 applicants were eligible to take the written examination. The Full Court of Andhra Pradesh High Court has authorized its Chief justice to constitute Committees for the convenience of administration. The resolutions of the Full Court containing the guidelines relating to the functioning of the High Court have been compiled in the form of standing orders. SO 2. 13 enumerates the matters to be dealt with by the Full Court. SO 2. 14 enumerates the matters to be dealt with by the Administrative committee. Recruitment of District Judges is a matter to be dealt with by the administrative committee under SO 2. 14. The decision/minutes of the administrative committee in regard to recruitment of District Judges are thereafter placed before the Full Court for its consideration under SO 2. 13.
(3.) THE Administrative committee by its resolution dated 30. 11. 2004 decided the method and manner of selection. It resolved to conduct the written examination for the candidates for 75 marks and oral examination for 25 marks. It also resolved that the minimum qualifying marks for the OC, bc, SC and ST candidates shall be as prescribed earlier. As per its direction, the written examination was held on 30. 1. 2005 and 1026 candidates appeared for the examination. The results were declared on 24. 2. 2005 and 83 candidates were successful in the written examination. Due to the pendency of some litigation, interviews could not be held immediately. A committee of five Judges was constituted for interviewing the candidates and interviews were held in March 2006. Thereafter, the marks obtained by the 83 candidates in the written examination and in the interview were aggregated and a consolidated merit list of the 83 candidates wa prepared in the order of merit on the basis of the aggregate marks. It contained (i) the registration number, (ii) the names of the candidates, (iii) reservation category, (iv) marks secured in the written examination out of 100 marks, (v) marks secured in the interview out of 25 marks, and (vi) the total marks secured in the written examination and interview out of 125. Thereafter, five more merit lists in respect of categories BC-A, BC-B, BC-D, SC and ST were prepared. On the basis of the said lists, the Interview Committee finalized the following list of candidates to be recommended for appointment as per merit and reservation, and submitted to the administrative committee with a report dated 3. 4. 2006 : JUDGEMENT_157_TLPRE0_2008Html2.htm The Administrative committee considered the report, the merit list and list of recommended candidates proposed by the interview and by resolution dated 4. 4. 2006 approved the selection of the said ten candidates and directed the said 'select list' be placed before the Full Court on 6. 4. 2006 for its consideration.;