AAPHC dismissed a writ petition challenging appointment to the post of District Judge (Entry Level) after finding it barred by limitation and laches due to significant delay and prior withdrawal of the petition before the Supreme Court.
Petition dismissed; pending miscellaneous applications closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF ANDHRA PRADESH: AMARAVATI
CHIEF JUSTICE J.K. MAHESHWARI AND JUSTICE K.SURESH REDDY
WRIT PETITION No.5420 of 2019
(Through Video Conferencing)
Uma Maheswari Boddu … Petitioner
Versus
The State of A.P., rep. by its Chief Secretary & others … Respondents
Counsel for the petitioner : Sri N.Vara Prasad Counsel for R.1 : G.P., Law & Legislative Affairs Counsel for R.2 : Standing Counsel, APHC
ORAL ORDER
Dt:02.09.2020
Per J.K. Maheshwari, CJ
Learned counsel for the petitioner repeatedly sought time, but, in view of the previous order dated 26.08.2020, we have refused to grant time.
This petition has been filed under Article 226 of the Constitution of India seeking direction to appoint the petitioner on the post of District Judge (Entry Level) in the recruitment that had taken place in the Andhra Pradesh State Judicial Services Examination in furtherance to the notification dated 19.08.2010.
The selection list was published immediately thereafter. The petitioner has invoked the jurisdiction of this Court, now, after withdrawal of the petition on 05.03.2018 before Hon’ble the Supreme Court. It is to be noted here that as per the directions issued by Hon’ble the Supreme Court, examination for the post of District Judge (Entry Level) is being held every year; however, in respect of the notification issued in 2010, invoking the jurisdiction of this Court after all these years, after withdrawal of the petition in March 2018 before Hon’ble the Surpeme Court, prima facie, appears to
2
be barred by limitation. Looking to the subject matter as involved in this case, i.e., recruitment to the post of District Judge (Entry Level), which had taken place in the erstwhile State of Andhra Pradesh, prior to bifurcation, questioning the same at this length of time is not proper; therefore, on the ground of delay and laches, the petition deserves to be dismissed.
According, the petition is dismissed. No order as to costs.
As a sequel, all the pending miscellaneous applications shall stand
closed.
J.K. MAHESHWARI, CJ K.SURESH REDDY, J
MRR
2 issues framed by the court
Whether a writ petition challenging recruitment delayed by several years is barred by limitation and laches.
Whether the petitioner who withdrew a similar petition before the Supreme Court in March 2018 can file a fresh petition years later.
1 provisions across 1 enactments
Uma Maheswari Boddu
The State of A.P.
J.K. Maheshwari
K. Suresh Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
