IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 26202 of 2008 Between: Siva Prasad Pandey S/o. Late P.L. Vara Prasad H.No. 22-1-6, Matham Street, Behind J.C. Income Tax Office, Veerabhadrapuram, Rajahmundry, E.G. Dist. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Secretary Secretariat, Hyderabad. 2 The High Court of Andhra Pradesh Rep. by its Registrar (General) Hyderabad. 3 The District & Sessions Judge District Court East Godavari, Rajahmundry. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue Writ order or direction more particularly one in the nature of Writ of 'Mandamus' declaring the action of the 1st and 2nd respondent in not appointing the petitioner as Special Judicial II Class Magistrate pursuant to the Notification dated 19-01-2007 issued by the 3rd respondent as illegal, arbitrary, unjust and discriminatory and contrary to Article 14 of the Constitution of India and consequently direct the respondents to appoint the petitioner Special Judicial II Class Magistrate pursuant to the Notification dated 19-01-2007 issued by the 3rd respondent in the existing vacancy. Counsel for the Petitioner:MR.D.RAMAKRISHNA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE G.RAGHURAM AND THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.26202 OF 2008 ORAL ORDER (Per Hon’ble Sri Justice Goda Raghuram) The petitioner is aggrieved at being denied appointment as Special Judicial Second Class Magistrate pursuant to a notification dated 19.01.2007 issued by the third respondent. Heard the learned counsel for the petitioner and the learned Government Pleader for Home. The petitioner claims to have the qualification of B.Com., LL.M. He worked in the Police Department and retired as Deputy Superintendent of Police (Intelligence) during November, 2005 and thereafter enrolled as an Advocate in the Bar Council of Andhra Pradesh in August, 2006. He claims to be non-practising however. The third respondent issued a notification dated 19.01.2007 calling for applications for appointment as Special Judicial Second Class Magistrate in the specified Courts on a consolidated monthly honorarium, the details of which are not relevant for the purpose of this lis. As per the terms of the notification, the eligibility for appointment as a Special Judicial Second Class Magistrate is inter alia a prior holding of a Gazetted Office with a law decree; passing of the certain professional tests and exercise of magisterial powers during the tenure of service for not less than a period of three years. Another essential requirement is that one should be a non-practising Advocate with earlier practice at the bar for not less than 5 years. The petitioner was one of the applicants. He received a call letter dated 08.06.2006 to appear for Interview on 07.04.2007. After the Interview, he formed an impression that on the basis of his performance he would have been recommended by the third respondent for appointment. Eventually another candidate Sri M.Sreeramamurthy was appointed as Special Judicial Second Class Magistrate, Kakinada, by an order of the first respondent dated 26.09.2007 but not so the petitioner. The petitioner made an application to the second respondent under the provisions of the Right to Information Act, 2005 seeking reasons for the rejection of appointment to him. The second respondent by the communication dated 10.03.2008 informed the petitioner that the petitioner’s case for appointment was rejected as he failed to submit the non-practising certificate and failed to furnish any documents to show that he had exercised magisterial powers during his tenure of office as a Gazetted Officer of the State. The learned counsel for the petitioner does not contest the legal position that submission of a non-practising certificate and proof of having exercised magisterial powers during the tenure of office as Gazetted Officer is an essential qualification and a condition precedent to appointment as a Special Judicial Second Class Magistrate. It is also not in dispute that the petitioner did not furnish the documentation as spelt out in the second respondent’s communication dated 10.03.2008. On the aforesaid analysis and the factual matrix on record, the petitioner has not made out any case for admission. The writ petition is dismissed accordingly at the threshold. However, there shall be no order as to costs. _________________ G.RAGHURAM, J. _________________________ P.V.SANJAY KUMAR, J. 2nd December, 2008. VGSR / PGS