THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 26467 of 2010 O r d e r: The petitioner, who claims to be a permanent resident of Narsapur and an Advocate, practicing in the Courts of the Senior Civil Judge and the Principal Junior Civil Judge, Narsapur, West Godavari, has filed this writ petition, praying to grant the following relief: To issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of respondents 1 and 2 herein in proceeding with the process of appointment to the post of Assistant Government Pleader in the Courts of the Senior Civil Judge and the Principal Junior Civil Judge, Narsapur, West Godavari, without following the procedure as stipulated under the Andhra Pradesh Law Officers (Appointment and Conditions of Service) Instructions, 2000 issued by the Government of Andhra Pradesh in G.O. Ms. No. 187, Law (L) Department, dated 06.12.2000 as illegal, arbitrary, unreasonable, null and void and violative of Articles 14 and 16 of the Constitution of India and pass such further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. The petitioner states that he enrolled as an Advocate with the Bar Council in the year 1995, and since then has been practicing in the Courts of the Senior Civil Judge and the Principal Junior Civil Judge, Narsapur. That there exists a post of Assistant Government Pleader in the said Courts, and that the appointment of Government Pleaders/Assistant Government Pleaders, is governed by A.P. Law Officers (Appointment and Conditions of Service) Instructions, 2000, issued by the Government of Andhra Pradesh in G.O. Ms. No. 187, Law (L) Department, dated 06.12.2000. The Government issued orders in G.O. Rt. No. 1925, Law Department, dated 28.12.2006, appointing Sri. P.V.V. Narayana Swamy, as Assistant Government Pleader for the said Courts, for a period of three years from 28.12.2006 to 20.01.2010, and after expiry of his term, the Government issued orders in G.O. Rt. No. 930, Law Department, dated 28.05.2010, for his continuance as Assistant Government Pleader, till regular Assistant Government Pleader, is appointed. While so, the District Collector, West Godavari, initiated the process of appointing a regular Assistant Government Pleader for the said Courts, by requesting the District Judge, West Godavari, to send a panel of Advocates practicing in the Courts of the Senior Civil Judge and Junior Civil Judge, Narsapur, West Godavari, for forwarding the same to the Government for consideration of the candidatures for appointment. Pursuant thereto, the District Judge, West Godavari, in consultation with the Senior Civil Judge, Narsapur, sent a panel of five Advocates, namely (1) Sri. P.V. Krishna Rao, (2) Sri. Ullaparthi Satyanarayana, (3) Sri. Chittiboina Gopala Krishna Gokhale, (4) Sri. Purella Srinivas and (5) Smt. Kanuri Challamma, to the District Collector, West Godavari. The petitioner states that the District Collector, West Godavari, instead of forwarding the above panel as it is to the Government, has forwarded the same by deleting the name of Sri. Purella Srinivas and incorporated the name of Sri. Ramagani Satya Venkata Someswara Rao, in the panel. The Government, vide orders issued in Memo dated 07.09.2010, rejected the panel and directed the District Collector, West Godavari, to prepare a fresh panel in consultation with the District Judge, West Godavari, by following the procedure governing the appointment of Assistant Government Pleaders. The petitioner states that the District Collector, West Godavari, instead of preparing a fresh panel in consultation with the District Judge, West Godavari, sent the very same panel that was rejected by the Government, by deleting the name of Sri. Ramagari Satya Venkata Someswara Rao and incorporating the name of Sri. Purella Srinivas. The petitioner states that he possesses the requisite qualification to hold the post of Assistant Government Pleader, and if new panel as directed by the Government is prepared, in consultation with the District Judge, West Godavari, he being eligible, can submit his application. Now, it is the grievance of the petitioner that the District Collector, West Godavari, instead of consulting the District Judge, West Godavari, is proceeding ahead to send the very same panel that was rejected by the Government, by deleting the name of Sri. Ramagari Satya Venkata Somswara Rao and incorporating the name of Sri. Purella Srinivas. Such action of the District Collector, West Godavari, the petitioner contends is illegal and arbitrary and in gross violation of the Appointment Instructions. The Government filed counter stating that as the panel of names forwarded by the District Collector, West Godavari, was not in accordance with the panel of names sent by the District Judge, West Godavari, they canceled the said panel and directed the District Collector, West Godavari, to call for a fresh panel from the District Collector, West Godavari, in consultation with the District Judge, West Godavari. It is further contended in the counter that the District Judge, merely prepares the panel, and before preparing and sending the panel, he will notify the post for the Advocates to submit applications, and as such, the petitioner, has no right to contend that he is entitled to apply. He submitted that even though the Government cancelled the panel, but since the District Collector, West Godavari, has rectified the typographical mistake and sent the very same panel, there is no necessity to again call for fresh panel. The District Collector, West Godavari, filed counter stating that upon receiving the panel from the District Judge, West Godavari, she forwarded the same to the Government, but while forwarding the panel, the name of Sri. Purella Srinivas was wrongly typed as Sri. Ramagani Satya Venkata Someswara Rao, and thus, the panel forwarded by her to he Government varied with that of the panel sent by the District Judge, West Godavari. She further stated that even though the Government cancelled the panel and directed her to call for a fresh panel, but since while sending the panel, the name was wrongly typed, which is by inadvertence, she corrected the same and sent the corrected panel, and it is for the Government to take action thereon. Heard the learned counsel for the petitioner and the learned Government Pleader for Home for the respondents. The appointment of Assistant Government Pleaders/ Government Pleaders, is governed by A.P. Law Officers (Appointment and Conditions of Service) Instructions, 2000(hereinafter referred to as ‘the Appointment Instructions’), issued by the Government of Andhra Pradesh in G.O. Ms. No. 187, Law (L) Department, dated 06.12.2000. Instruction No. 9 of the Appointment Instructions, which deals with appointment of Law Officers in the District Courts and Courts subordinate to the High Court provides that appointment of Law Officers in all the Courts and Tribunals subordinate to the High Court shall be made on he basis of the recommendations of the District Collector concerned who shall ascertain the views of the concerned District and Sessions Judge before making the recommendations, and the District Collector shall prepare a panel of Advocates well in advance before expiry of the term of incumbents and send the same to the Government for consideration. In terms of the above Appointment Instructions, one Sri. P.V.V. Narayana Swamy, was appointed as Assistant Government Pleader, by the Government, for the Courts of the Senior and Junior Civil Judge at Narsapuram, vide G.O. Rt. No. 1925, Law, dated 28.12.2006, for a period of three years, whose term came to an end on 21.02.2010, and on his request, his term was extended by another two months vide proceedings dated 04.05.2010 of the District Collector. The Government, while ratifying such action of the District Collector, vide G.O. Ms. No. 930, Law Department, dated 28.05.2010, directed his continuance as A.G.P. till a regular is appointed. Prior to the issuance of the said G.O., the District Collector, West Godavari, vide letter dated 26.04.2010 requested the District Judge, West Godavari, to send a panel of five names for consideration for appointment as Assistant Government Pleader for the Courts of the Senor and Junior Civil Judge, Narsapuram. In terms thereof, the District Judge, West Godavari, vide his letter dated 15.05.2010, sent a panel of five Advocates, practicing in the Courts of Senior and Junior Civil Judge, Narsapuram, namely (1) Sri. P.V. Krishna Rao, (2) Sr. Ullaparthi Satyanarayana, (3) Sri. Chittibona Gopala Krishna Gokhale, (4) Sri. Purella Srinivas and (5) Smt. Kanuri Challamma, along with their bio-data, to the District Collector. Thereafter, the District Collector, West Godavari, vide letter dated June, 2010, called for antecedents of the five Advocates from the Superintendent of Police, West Godavari, but while calling for the antecedents, she substituted the name Sri. R.S.V. Someswara Rao in the place of of Sri. Purella Srinivas, The Superintendent of Police, West Godavari, vide his letter dated 17.06.2010, having got the antecedents of the candidates named in the panel verified, submitted his report to the District Collector, West Godavari. And in relation to Sri. R.S.V. Someswara Rao, the Superintendent of Police, West Godavari, reported that “the field SB staff made strenuous efforts to trace out the address of the above individual(Sri. R.S.V. Someswara Rao) in Narsapuram Town, but in van. Hence, his identity, character and antecedents could not be established”. Thereafter, the District Collector, West Godavari, vide letter dated 23.07.2010, forwarded the said panel to the Government, for consideration. The Government, having noticed that the panel submitted by the District Collector, West Godavari, varied with that of the panel submitted by the District Judge, West Godavari, vide orders issued in Memo dated 107.09.2010, rejected the panel, and called upon the District Collector, West Godavari, to call for a fresh panel. From the above, it is clear that the District Judge, West Godavari, along with four other names, included the name of Sri. Purella Srinivas, for appointment as Assistant Government Pleader, and even though the District Collector, in her counter contends that while forwarding the panel of names sent by the District Judge, West Godavari, to the Government, the name of Sri. Purella Srinvas, was wrongly typed as Sri. R.S.V. Someswara Rao, the fact remains, a perusal of the record produced by the learned Government Pleader, which was produced after several adjournments, would disclose otherwise, for it is only after the Government rejected the panel, the District Collector, West Godavari, has taken the plea of wrong typing of the name of Sri. P. Srinivas as Sri. R.V.S. Someswara Rao. The fact that the District Collector, West Godavari, has even called for the antecedents of Sri. R.V.S. Someswara Rao, whose antecedents were not found, clearly suggests that she has included the name of Sri. R.V.S. Someswara Rao, by deleting the name of Sri. Purella Srinivas. In fact, the District Collector, West Godavari, sought to rectify her mistake, by terming it as a typographical error, only after receiving the orders issued by the Government in Memo dated 07.09.2010, rejecting the panel, by calling for the antecedents of Sri. Purella Srinivas. Even though the Government, vide orders issued in Memo dated 07.09.2010 cancelled panel sent by the District Collector, West Godavari, on the ground that it varied with the panel was not in tune with the rectified to keep it in tune with the panel sent by the District Judge, West Godavari, the fact remains, as noted above, the District Collector, West Godavari, instead of calling for fresh panel from the District Judge, West Godavari, as directed by the Government, rectified the purported typographical mistake, and after calling for the antecedents of Sri. Purella Srinivas from the Superintendent of Police, West Godavari, sent the rectified panel to the Government. Therefore, during the course of hearing of the writ petition, this Court directed the learned Assistant Government Pleader for Home, to ascertain whether the Government would process the rectified panel as sent by the District Collector, West Godavari or call for fresh panel as directed by the Government in the Memo dated 07.09.2010. The learned Assistant Government Pleader for Home, on instructions submitted that the Government, would process the rectified panel, as sent by the District Collector, West Godavari, because it is in tune with the panel sent by the District Judge, West Godavari. Admittedly, the orders issued by the Government in Memo dated 07.09.2010 are neither withdrawn nor cancelled, and they are still in force, and when the Government in the said Memo, while canceling the panel, directed the District Collector, West Godavari, to call for a fresh panel from the District Judge, West Godavari, I fail to understand how the District Collector, West Godavari, can send the very same panel, purportedly by rectifying the alleged typographical mistake. No doubt, as per the Appointment Instructions, the petitioner has no right to apply to the post of Assistant Government Pleader, but it is the prerogative of the District Judge, to send the names of the Advocates practicing in the Courts, for which the Assistant Government Pleader/s, is to be appointed, but the fact remains, when the Government, itself has vide orders assed in Memo dated 07.09.2010, rejected the panel of names sent by the District Collector, on the ground that it varied, the only course open to the District Collector, West Godavari, was to act in accordance with the directions issued by the Government, and call for a fresh panel as required by the Appointment Instructions, and not to send the very same panel, by incorporating the name of Sri. Purella Srinivas along with his antecedents, particularly when the orders issued by the Government in Memo dated 07.09.2010, rejecting the panel are still in subsistence. Hence, the writ petition is allowed. The District Collector, West Godavari, is directed to call for a fresh panel from the District Judge, West Godavari, for appointment as Assistant Government Pleader, in the Courts of the Senior and Junior Civil Judge, Narsapuram, as directed in its Memo dated 07.09.2010. No costs. ___________________ N.V. RAMANA, J. Dated: 31st December, 2010 KSR