THE HON’BLE SRI JUSTICE A.GOPAL REDDY and THE HON’BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION No.4858 of 2011 ORDER:- (Per the Hon’ble Sri Justice N. Ravi Shankar) The point that is raised for determination in this writ petition is whether the petitioner who is working as an attender in the High Court of Andhra Pradesh is entitled to apply for and participate in the selection process for the vacancies of Civil Judges (Junior Division) notified for recruitment in the Notification No.29/2011-RC dated 28.01.2011 issued by the second respondent i.e. the High Court of Andhra Pradesh. 2. It may be noted that now in our State recruitment for the posts of Civil Judges (Junior Division) is governed by the Andhra Pradesh State Judicial Service Rules 2007 (for short Rules) framed through G.O.Ms.No.119 Law (LA&J SC.F) Department dated 02.08.2008 framed Articles 233, 234, 235, 237 read with the proviso to Article 309 and the proviso to clause (3) of Article 320 of the Constitution of India. Rule 4(d) of the Rules provides for appointment to the posts of Civil Judges (Junior Division). As per the said Rule 4(d) recruitment can be made for the posts of Civil Judges (Junior Division) by direct recruitment from among the eligible advocates and also by recruitment by transfer from among the confirmed members or approved probationers in the following categories. “(i) Categories 5 and 6 of Division-I and Categories 1 to 4 of Division- II of The Andhra Pradesh High Court Service; (ii) Categories 1 to 6 of The Andhra Pradesh Judicial Ministerial Service; (iii) Assistant Public Prosecutors, Senior Assistant Public Prosecutors, Additional Public Prosecutors Grade-II of A.P. State Prosecution Service; (iv) Section Officers in the Law Department of the Secretariat; (v) Sections Officers in the Legislature Department; and (vi) Managers of the Offices of the Advocate General; Government Pleaders; Public Prosecutors; Editor, I.L.R.” 3. It should be noted that the posts of attenders to the category to which the petitioner belongs are not specified in the above categories from which recruitment by transfer to the posts of Civil Judges (Junior Division) can be made. The plea of the petitioner is that Chapter-VIII of the Sri Justice K.J.Shetty Commission deals with recruitment to the cadre of Civil Judges (Junior Division)-cum-Magistrate of First Class and the recommendations made by the said Commission would show that recruitment by transfer should be extended to law graduates who are working in Courts and other allied departments and this recommendation was also accepted by the Supreme Court in its decision dated 21.03.2002 passed in W.P.(C) No.1022 of 1989 (ALL INDIA JUDGES ASSOCIATION vs. UNION OF INDIA[1]). The grievance of the petitioner is that since he is also a Court employee and possesses a Law degree he should also be made eligible to appear for the above selection process from the categories of employees from which recruitment by transfer can be made and non-inclusion of the posts of attenders or the category of attenders in Rule 4(d)(ii) of the Rules from which recruitment by transfer can be made does not stand to reason and therefore it should be held contrary to the recommendations of the Sri Justice K.J.Shetty Commission. It is also his plea that he made a representation dated 18.02.2011 to the High Court for inclusion of the category to which he belongs in the above Rule 4(d) for being made eligible for recruitment to the posts of Civil Judges (Junior Division) by the method of recruitment by transfer but no action has been taken on his representation and consequently it has become necessary for him to approach this Court for directions to the respondents to receive his application and permit him to appear in the selection process for the posts of Civil Judges (Junior Division). 4. We have heard the learned counsel for the petitioner and the learned Standing Counsel for the petitioner at length. 5. We are of the opinion that the petitioner’s request cannot be considered for the following reasons. 6. Rule 4(d)(ii) of the Rules no doubt provides for appointment to the posts of Civil Judges (Junior Division) by recruitment by transfer and it also specifies the categories which are already referred to supra from which such recruitment can be made. The relevant recommendation made by Sri Justice K.J. Shetty Commission is extracted in Para-4 of the affidavit of the petitioner and it reads as follows. “8.76: We are of the opinion that it will be useful to extend the zone of selection to law graduates who are working in Courts and other allied departments. They acquire sufficient knowledge of law and procedure. Since, we are suggesting intensive Institutional Training for about one year, such candidates could be properly shaped to become good judicial officers. We suggest that the law graduates with sufficient experience in service and within certain age limit both are to be prescribed by the respective High Court, could be made eligible for selection to the cadre of Civil Judges (Junior Division).” 7. It should be noted that the employees working in the six categories mentioned in the said Rule 4(d)(ii) by reason of possessing a degree in law and their job requirements in the various departments mentioned therein can be said to acquire sufficient knowledge of law and procedure because of their job requirements. A person cannot be said to acquire sufficient knowledge of Law and Procedure while working as attender just because of acquiring a degree in law. It is only when he works in a particular department in a Court or in any other Government department specified in the categories mentioned in Rule 4(d)(ii) can acquire sufficient knowledge of Law and Procedure. In our opinion the recommendation of Sri Justice K.J.Shetty Commission which is already extracted supra should be so understood. It can never in principle by any stretch of imagination be understood to cover even an attender working in a Court though he may possess a Law degree. 8. Accordingly we find that the petitioner’s request for permitting him to appear in the selection process for the Civil Judges (Junior Division) notified in the present notification cannot be upheld. We therefore dismiss the writ petition at the admission stage. No costs. ______________________ A. GOPAL REDDY, J ______________________ N. RAVI SHANKAR, J 7th March 2011 CVRK [1] (2002) 4 SCC 247