IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE and THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.6454 of 2005 Between: Tadi Anjaneyulu, S/o Venkata Subbaiah, Aged about 56 years, Occ: Superintendent, Special Sessions Court-cum-IV Addl. District & Sessions Judge’s Court, Guntur. ..... PETITIONER AND 1. The District and Sessions Judge, Guntur. 2. The Registrar, Administration, High Court of A.P., Hyderabad. 3. The Secretary to Govt. of A.P., Law (LA & J Home Court-D) Department, Hyderabad. .....RESPONDENTS Petition filed under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit, the High Court may be pleased to issue a writ, order or direction especially in the nature of writ of mandamus declaring that the action of the first respondent District Judge, Guntur, in not considering the representation dated 21-3-2005 filed by the petitioner for considering his case for the promotion/selection of Administrative officer by conducting an interview on 22-3-2005 on par with the other candidates, the same is arbitrary against the Rules and violative of principles of natural justice and contrary to Articles 14 and 21 of the Constitution of India, consequently directing the first respondent – District Judge, Guntur, to conduct an interview by fixing a date for the said post of Administrative Officer if necessary by getting the relaxation under Rule 36 of the APJMS Rules, 2003 and promote him immediately to the post in the interest of justice and pass such order or orders as this Hon’ble Court may deemed fit and proper in the circumstances of the case. Counsel for the Petitioner : Sri K.K.Chakravarthy Counsel for Respondents 1 & 2 : Sri C.V.Nagarjuna Reddy Counsel for the Respondent No.3 : Govt. Pleader for Law & Legislative Affairs The Court at the admission stage made the following order: W.P.No.6454 of 2005 HCJ & BSSR,J ORAL ORDER: (Per Hon’ble the Chief Justice) The petitioner is seeking mandamus declaring the action of the first respondent in not considering the representation dated 21st March, 2005, thereby not considering his case for promotion/selection to the post of Administrative Officer by interviewing him on 22-03-2005 on par with other candidates, as illegal and arbitrary. Needless to add that the minimum qualification for the post in question is graduation, and the petitioner is not possessed of such qualification. Petitioner states that on 21- 03-2005, he had submitted a representation to the District and Sessions Judge, Guntur, for grant of relaxation and consequently prayed that he be called for interview held on 22nd March, 2005, which was not done. This action of respondent No.1 is sought to be challenged on the ground that the District and Sessions Judge ought to have considered the representation and called the petitioner for interview. The action of respondent No.1 cannot be found fault with inasmuch as the representation dated 21-03-2005 addressed to respondent No.1 itself is misconceived since the power of relaxation of qualification vests with the High Court of Andhra Pradesh, and not with respondent No.1, and till relaxation was granted by the High Court, respondent No.1 could not have been interviewed a candidate who was not at all qualified to hold the post. We find no merit in the writ petition. The writ petition is accordingly dismissed. ________________________ DEVINDER GUPTA, C.J. ____________________________ B.SESHASAYANA REDDY, J 01-04-2005 bsc To 1. The District and Sessions Judge, Guntur. 2. The Registrar, Administration, High Court of A.P., Hyderabad. 3. The Secretary to Govt. of A.P., Law (LA & J Home Court-D) Department, Hyderabad. 4. 2 CCs to Govt. Pleader for Law and Legislative Affairs, High Court buildings, Hyderabad (OUT) 5 2 CCs to Sri C.V.Nagarjuna Reddy, Advocate. 6 2 CD copies