G. Jayaprakash, M.L., Advocate, Erode, Tamilnadu. Cell : 98948 95555. Supreme Court : ASSISTANT PUBLIC PROSECUTOR IS ALSO AN ADVOCATE The operative part of the judgement read as under : The appellants were practicing advocates though they were full time employees and therefore, they are eligible to be appointed as Judges. In the case of Deepak Aggarwal (supra) this Court has held that simply because a person has been appointed as an Assistant Public Prosecutor and as such he is in employment of the Government, cannot be a ground for not selecting him to a judicial post on the ground that he was not an advocate practicing at the Bar. The ratio of the said judgment is that an Assistant Public Prosecutor is also an advocate who is practicing at the Bar. So far as appellant No. 1 herein is concerned, the additional ground which had been raised against him before the High Court was that he had not completed 35 years of age at the time when the advertisement inviting applications for appointment to the post in question had been published. This Court has taken a view in Sasidhar Reddy Sura v. The State of Andhra Pradesh & Ors. (supra), that it is not necessary that a candidate should have completed 35 years of age for being appointed to the post of a District and Session Judge (Entry Level) in the A.P. Higher Judicial Service. The reason given by this Court is that the recruitment rules framed for appointment to the post in question by the Andhra Pradesh High Court do not provide for any minimum age and simply because the Sehtty Commission had recommended that only a person who had completed 35 years of age should be appointed to the post of a District and Sessions Judge (Entry Level) could not have been the reason for not appointing the present appellant no. 1. Reference : Supreme Court. Lakshmana Rao Yadavalli & Anr. v. The State of Andhra Pradesh & Ors., civil appeal nos. 10884-10885 of 2013 (from the Judgement and Order dated 17.7.2012 of the High Court of Judicature of Andhra Pradesh at Hyderabad in Writ Petition Nos. 34683 of 2011 and 894 of 2012).
Posted on: Fri, 14 Mar 2014 10:46:09 +0000
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