IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 18800 of 2009 Between: P. Surender. ..... PETITIONER AND The Principal District and Sessions Judge, Ranga Reddy District at L.B.Nagar, Hyderabad and another. .....RESPONDENTS ORDER: (Per Sri Justice Ghulam Mohammed) This writ petition is filed seeking a writ of mandamus to declare the proceedings, dated 29.08.2009, issued by the first respondent, as arbitrary and illegal. 2. The petitioner was appointed as Copyist in the year 1993 in the unit of the first respondent and later promoted as Typist in the year 1996 and Senior Assistant in the year 2008. He was further promoted as Superintendent in Category-II of Andhra Pradesh Judicial Ministerial Service Rules, 2003 (for short ‘the Rules’), vide order dated 02.05.2009. While so, pursuant to the direction issued by this Court in W.P.No.5072 of 2009, dated 19.03.2009, filed by the second respondent, the first respondent issued the impugned proceedings reverting the petitioner to the cadre of Senior Assistant in Category-III of the Rules by promoting the second respondent to the cadre of Superintendent in Category-II of the Rules. The grievance of the petitioner is that neither the second respondent has passed the departmental test i.e., Criminal Judicial Test, as required under Rule 23 of the Rules for the purpose of promotion to Category- II, nor he was exempted from passing the said test. Therefore, the action of the first respondent in promoting the second respondent to the post of Superintendent in Category-II vide impugned proceedings, is illegal and arbitrary. Hence, he filed the present writ petition. 3. Admittedly, the petitioner was temporarily promoted as Superintendent in Category-II to work in the Court of I Additional Junior Civil Judge, Ranga Reddy District, vide order dated 02.05.2009. He was informed in the said order issued invoking Rule 27 of the Rules that the said promotion is purely on temporary basis and subject to clarificatory orders passed by this Court in respect of Sri E. Narahari, Senior Assistant, the second respondent herein, and he is liable for reversion at any time without any notice or assigning reasons. That apart, pursuant to the direction issued by this Court in W.P.No.5072 of 2009, dated 19.03.2009, the Registrar (Administration) issued a Circular, dated 01.05.2009, directing the concerned to consider the case of the candidates for promotion, even though they do not have Intermediate qualification, if they are otherwise eligible and qualified by passing departmental tests as prescribed. 4. Since the petitioner was promoted conditionally as Superintendent in Category-II, and this Court issued Circular, dated 01.05.2009, to consider the candidate for promotion to the post of Superintendent without insisting upon possessing intermediate qualification, if he is otherwise eligible and qualified by passing departmental tests, we do not find any illegality or infirmity in the proceedings impugned warranting interference by this Court. 5. Accordingly, the Writ Petition is dismissed. However, the first respondent is directed to consider the case of the petitioner for promotion, as and when vacancy arises. No order as to costs. _____________________ GHULAM MOHAMMED,J ___________________________ NOOTY RAMAMOHANA RAO, J Date:09.09.2009 SJ