IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 750 of 2009 Between: Syed Khadeer, S/o Syed Hussain ..... PETITIONER AND 1 The District and Sessions Judge, District Courts Complex, Nizamabad and one another .....RESPONDENT(S) Counsel for the Petitioner: Counsel for the Respondent No: The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed in the nature of Writ of Certiorari directing the first respondent to promote the petitioner to the post of Senior Assistant (Category-3 of APJMS) from the post of Junior Assistant (Category-4 of APJMS) and quash the promotion of the 2nd respondent as per the order dated 23.10.2008 passed by the 1st respondent as illegal and arbitrary. The learned counsel appearing for the petitioner submits that the petitioner is entitled for promotion to the post of Senior Assistant, as mentioned in the Gradation list prepared by the first respondent on 1.7.2008 and without giving any promotion to him and without calling for any further interview, the first respondent has passed an order for promotion of the second respondent, who has not passed the required departmental tests and also required educational qualifications. On the other hand a detailed counter affidavit has been filed denying the allegations made by the petitioner. Counsel appearing for the first respondent took us to the circular dated 1.5.2009 issued by the High Court of Andhra Pradesh in ROC.No. 725/2009-C-1, which reads as under: “CIRCULAR Sub: Public Services-Andhra Pradesh Judicial Ministerial Service Rules-Order dated 19.3.2009 in w.P.No. 5072 of 2009 on the file of the Hon’ble High Court of A.P Hyderabad, to consider the cases of eligible candidates for promotions to various categories of posts in Andhra Pradesh Judicial Ministerial Service Rules 2003 to the employees who were appointed and continuing in the service as per requisite educational qualifications prescribed in Andhra Pradesh Judicial Ministerial Service Rules, 1964-Regarding. Ref: 1. High court’s orer dated 17.10.2008 in W.P.No. 11450 of 2005. 2. Representation dated 3.11.2008 of the A.P. Judicial Employees Association, Hyderabad addressed to the High Court. 3. High Court order dated 20.1.2009 in W.P.No. 470/2009. 4. High Court’s order dated 2.3.2009 in W.P.No. 4067 of 2009. 5. High Court’s order dated 19.3.2009 in W.P.No. 5072 of 2009. *** Some of the employees, who were appointed as per the Andhra Pradesh Judicial Ministerial Service Rules, 1964 and continuing in the service and working in District and Subordinate Courts, filed Writ Petitions requesting for relaxation of educational qualifications as prescribed in Andhra Pradesh Judicial Ministerial Service Rules, 2003 for promotion to various category of posts. The Hon’ble High Court issued directions in Writ Petition No. 11450/2205, Dt. 17.10.2008 filed by some of the L.D Clerks of the unit of the District Judge, Prakasam at Ongole, for their promotion to the posts of U.D. Clerk/Senior Assistant; in W.P.No. 470/2009 dt. 20.01.2009 filed by a Senior Assistant of the unit of the District Judge, Karimnagar, for promotion to the post of Superintendent; in W.P.No. 4067 of 2009, dt. 2.3.2009 filed by a Junior Assistant of the Unit of the District Judge, Guntur for promotion to the post of Senior Assistant; and in W.P.No. 5072/2009 dt. 19.3.2009 filed by a Senior Assistant of the Unit of the District Judge, Rangareddy District, for promotion to the post of Superintendent, in the references 1st, 3rd, 4th, and 5th cited respectively, to consider the cases of the petitioners for promotion even though they do not have a pass in Intermediate, if they are otherwise eligible and qualified by passing Departmental Tests as prescribed. Therefore, all the Unit Heads are directed to follow the directions of the Hon’ble High Court issued in the aforesaid writ petitions scrupulously while effecting promotions to the category of posts upto Superintendents as specified in APJMS Rules 2003, to the employees who were appointed under the erstwhile Rules 1964. Receipt of the Circular together with the copies of the orders passed in the Writ Petitions may be acknowledged. REGISTRAR (ADMINISTRATIION)” As seen from the material made available on record, the second respondent is possessing required qualifications as on the date of passing of promotion order. Be that as it may, as per the Circular dated 1.5.2009 issued by this Court, we do not see any infirmity or illegality in the order passed by the first respondent and the same does not warrant for any interference by this Court under Article 226 of the Constitution of India. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ VILAS V. AFZULPURKAR, J Dt. 31.07.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD Copies