THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD WRIT PETITION No. 6195 of 2009. ORDER: (Per Goda Raghuram, J) The proceedings of the 1st respondent, the District & Sessions Judge, Guntur Judicial unit dt. 3.3.2009 in so far as it pertains to promotion of respondents 3 to 10 as Junior Assistants (Category-IV) of A.P. Judicial Ministerial Service, governed by the A.P. Judicial Ministerial Service Rules, 2003 (for short ‘the 2003 Rules’); from the common feeder category of Copyists/Examiners/Field Assistants, is assailed in this writ petition. The petitioners also belong to the said feeder category. The 1st petitioner is working as a Copyist and the other petitioners as Field Assistants. All the petitioners have a graduate qualification. It is conceded by the petitioners that the unofficial respondents 3 to 10 are seniors to them in the combined seniority of the common feeder categories of Copyists/Examiners/Field Assistants; yet they challenge the impugned proceedings on the ground that the unofficial respondents 3 to 10 are not qualified for promotion as Junior Assistants because they do not possess intermediate qualification as mandated by the 2003 Rules vide Annexure-I to Rule-8. Rule 8 of the 2003 Rules enjoins that no person shall be eligible for appointment to the categories specified in Column (1) of Annexure-I to the rules, by the method specified in Column (2) unless he possesses the qualifications specified in the corresponding entry in Column (3) thereof. Annexure-I specifies a pass in the intermediate examination conducted by the A.P. State Board of Intermediate Examination or any equivalent examination as the eligibility criterion for the appointment to the post of Junior Assistant; either by direct recruitment or by promotion. On behalf of the 1st respondent, a counter affidavit is filed which to the extent relevant and material admits the factual position that respondents 3 to 10 possess only an SSC qualification which was the relevant academic qualification prescribed for the appointment to the post of Copyists/Examiners/Field Assistants under the provisions of the earlier, A.P. Judicial Ministerial Service Rules, 1964 (for short ‘the 1964 Rules’). The counter affidavit further states that the prescribed qualification for Junior Assistants under the 1964 Rules was also SSC and not intermediate qualification. It is only under the 2003 Rules, as already noticed, that a pass in intermediate is prescribed as the qualification for appointment, whether by direct recruitment or by promotion, to the category of Junior Assistants. Reliance is placed on Note-2 under Annexure-I, to justify the impugned proceedings of the 1st respondent. Note-2 reads as under: A person appointed to a post in accordance with the rules applicable to him at the time of his appointment shall not be required to acquire higher qualification prescribed for that post subsequent to his appointment. The contention on behalf of the 1st respondent urged in justification of the impugned proceedings in so far as the respondents 3 to 10, by placing reliance on Note-2 under Annexure-I of the 2003 Rules, is misconceived. There is no ambiguity in the phraseology of Note-2 warranting a dynamic processing of its provisions. On a true and fair construction of the language of Note- 2, it is clear that a person appointed to a post in accordance with the 1964 Rules shall not be required to acquire the higher qualification prescribed for that post subsequent to his legitimate appointment under the 1964 Rules. Nothing more can be read into Note-2. In the case on hand, the valdity of the unofficial respondents’ appointment to the category of Copyists/Examiners/Field Assistants during the currency of the 1964 Rules is not in issue. The issue presented in this writ petition is as to the eligibility of SSC qualified persons in the combined category of Copyists/Examiners/Field Assistants for promotion to the post of Junior Assistant, after the coming into force of the 2003 Rules and in the light of the fact that the current Rules ordain and enjoin intermediate as the eligibility criterion for appointment as Junior Assistant; whether by direct recruitment or promotion. In this setting, Note-2 doe not eclipse the statutory requirement of intermediate qualification for appointment to the post of Junior Assistant, when such appointment is considered, after coming into force the 2003 Rules. On the above premise, the appointment of unofficial respondents 3 to 10 as Junior Assistants by the proceedings of the 1st respondent dt. 3.3.2009 cannot be sustained and is accordingly declared inoperative. If the petitioners are eligible and qualified, the 1st respondent shall consider their cases for appointment as Junior Assistants, in accordance with law, expeditiously. The writ petition is allowed as above. There shall be no order as to costs. ________________________ GODA RAGHURAM, J ________________________ P.DURGA PRASAD, J 12.07.2011. KRB. THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD WRIT PETITION No. 6195 of 2009. ORDER: (Per Goda Raghuram, J) Dt. 12.7.2011.