IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No: 27844 of 2008 BETWEEN: 1 B. B. Rajendra Prasad, S/o. Late Maridi, Special Court for trial of SC & ST (POA) Act, Eluru, West Godavari District, R/o. 10-8-48, Chinnarangani Palem, Bhimavaram, West Godavari District. 2 Bhogi Venkateshwarlu, S/o. Ramaiah, Principal District & Sessions District Judge's Court, Khammam, R/o. 5-1-72/1, Kavirajanagar Colony, Khammam, Khammam District. 3 K. Mallishwari, D/o. K.R.K. Murthy, Kovvur, R/o. 1-44/1, Vadapalli Village, Kovvur Mandal, 4 P. Thirumala Rao, S/o. P.U. Krishna Rao, III Additional Junior Civil Judge Court, Guntur, R/o. Flat No. 8, Satya Apartments, 2/9, Brodipet, Guntur. 5 M. Sudha Rani, W/o. N. Singa Rao, I Additional District Court, Guntur, R/o. Guntur. 6 Mohd. Rahimuddin, S/o. Late Gulam Ghouse Mohiuddin, Principal Junior Civil Judge's Court, Warangal, R/o. D.No. 3-10-41, Reddy Colony, Hanamkonda, Warangal District. 7 A. Nagaraj, S/o. Late Ananthaiah, Mahabubnagar R/o. Plot No. 212/B, Bhageeratha Colony, Mahabubnagar Town, Mahabubnagar District. 8 G. Prabhakar, S/o. Late Gubba Nagaiah, Senior Civil Judge, Mahabubnagar, Mahabubngar District. ... PETITIONERS AND 1 The Government of Andhra Pradesh, rep. by its Secretary Law Department, Secretariat, Hyderabad. 2 The High Court of Andhra Pradesh, rep. by its Registrar General, High Court of Andhra Pradesh, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the Respondents in bringing the G.O.Ms.No.119 Law (LA&J SCF) Department, Dt. 2-8-2008 with effect from 1-1-2007 as arbitrary, illegal and has the effect of violation of fundamental rights guaranteed to the petitioners u/s 14 & 19 of the Constitution of India and consequently directing the respondent No.1 to give effect to the G.O.Ms.No. 119 Law (LA&J SCF) Department, Dt. 2-8-2008 from the date of notification No. 2/2003-RC Dated 11th August, 2003 issued by the 2nd Respondent, in the interest of justice and consequently direct the Respondents to declare the results of the petitioners and appoint them as Junior Civil Judges on the basis of their performance, and pass such other order or orders Counsel for the Petitioners: MR.K.VENKATESH GUPTA Counsel for the Respondent No.1: GP FOR HOME Counsel for the Respondent No.2: MR. G. VIDYASAGAR SC FOR APHC The Court made the following: ORDER: (per Hon’ble Sri Justice Goda Raghuram) Eight petitioners seek the following relief: “ to declare the action of the Respondents in bringing the G.O.Ms.No.119 Law (LA&J SCF) Department, dated 02.08.2008 with effect from 01.01.2007 as arbitrary, illegal and has the effect of violation of fundamental rights guaranteed to the petitioners u/s 14 & 19 of the Constitution of India and consequently directing the respondent No.1 to give effect to the G.O.Ms.No.119 Law (LA&J SCF) Department, dated 02.08.2008 from the date of notification No. 2/2003-RC dated 11th August, 2003 issued by the 2nd Respondent, in the interest of justice and consequently direct the respondents to declare the results of the petitioners and appoint them as Junior Civil Judges on the basis of their performance, and pass any such other order orders which the Hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.” 2. The petitioners are Andhra Pradesh Judicial Ministerial Service employees in the posts of Translator (Superintendent); Central Nazir (Superintendent); Personal Assistants; Typist; Senior Assistant and Junior Assistant in various district judicial units in the State. 3. Certain ministerial employees of Guntur District filed WP.No.19590 of 2003 challenging the notification No.2/2003-RC dated 11.08.2003 issued by the High Court of Andhra Pradesh calling for applications for filling up the posts of Junior Civil Judges, inter alia, on the ground that those petitioners were rendered ineligible for applying for the vacancies notified. By way of interim directions in the said writ petition, the petitioners as well as others working in the Judicial Ministerial Services were permitted to appear at the written examination held pursuant to the notification dated 11.08.2003. The petitioners herein were amongst the persons, who appeared for the written examination and were successful thereat and also at the oral interview held subsequently. While so, a learned Division Bench of this Court dismissed WP.No.19590 of 2003 by the judgment dated 12.07.2004. As stated by the petitioners herein, it would appear that they were granted liberty to approach the Supreme Court to seek clarification as to the applicability of the judgment in WP.No.19590 of 2003 to them. The petitioners herein filed SLP.No.16347 of 2004, which having been admitted, was considered as Civil Appeal No.2888 of 2007. The Supreme Court by order dated 20.06.2008 dismissed the civil appeal according liberty to the petitioners to challenge Rule 4(2)(ii) or Rule 12(b) of the erstwhile Andhra Pradesh State Judicial Service Rules, 1962 issued in G.O.Ms.No.2207 Home (Personnel.A) Department dated 04.12.1962. It is the admitted position that the petitioners were not eligible for applying and for being considered for appointment to the posts of Junior Civil Judges under the provisions of the Rules 1962, as they do not belong to the feeder categories enumerated in those Rules for the posts of the Junior Civil Judges. 4. The 1962 Rules are repealed and substituted by the Andhra Pradesh State Judicial Service Rules, 2007, issued in G.O.Ms.119 Law (LA&J SC.F) Department dated 02.08.2008, which came into effect from 01.01.2007. The categories to the posts to which the petitioners belong, the petitioners state, are feeder categories to the posts of Junior Civil Judges under the Rules 2007. But what they seek in this writ petition is revitalization of their performance in the written examination and oral interview at which they participated pursuant to the interim orders in WP.No.19590 of 2003 and the relief is contrived to achieve that relief. 5. In plain terms, the petitioners seek a declaration that the Rules 2007, which have come into force with effect from 01.01.2007, should be given retrospective effect with effect from 11.08.2003 (the date the earlier notification for recruitment was issued by the High Court calling for applications for filling up the vacancies in the posts of Junior Civil Judges under the Rules 1962). It is trite that the date with effect from which a Rule made under the proviso to Article 309 is to come into effect is a legislative choice, as a Rule made under proviso to Article 309 is considered on par with legislation and in the absence of such legislation under Article 309. It is not within the province of this Court to determine the date with effect from which the statutory Rule or a Rule made under the proviso to Article 309 should come into force, as such a policy choice is normatively outside the province of adjudication. Therefore, for the said reasons, there are no merits in the writ petition and it is accordingly dismissed at the stage of admission after hearing the learned Government Pleader for Home and Sri G. Vidyasagar, the learned Standing Counsel for the Andhra Pradesh High Court. There shall be no order as to costs. _________________ GODA RAGHURAM, J _________________ SANJAY KUMAR, J December 24, 2008 DSK