Hyderabad High Court bench dismiss PIL against judge

The petitioners argued that Justice Somayajulu practised only in a district court and consequently lacked the said qualification.

By   |  Legal Correspondent  |  Published: 21st Nov 2017  11:59 pm
Hyderabad High Court

Hyderabad: A two-judge bench of the High Court at Hyderabad, comprising Justice V Ramasubramanian and Justice M Ganga Rao, on Tuesday dismissed a PIL challenging the appointment of Justice DVSS Somayajulu as Judge of the High Court.

Advocate UD Bhim Rao and two others moved the PIL contending that Justice Somayajulu did not satisfy the constitutional provision under Article 217(2)(b), which required the incumbent to be ‘an advocate of a high court for at least 10 years’.

The petitioners argued that Justice Somayajulu practised only in a district court and consequently lacked the said qualification. The bench pointed to a five-judge bench of the apex court, which reasoned that practise in a district court would also come within the sweep of the constitutional prescription. It dictated its verdict in open court and dismissed the writ petition.

AP, TS told to report unregistered vehicles
A two-judge bench of the High Court at Hyderabad, comprising acting Chief Justice Ramesh Ranganathan and Justice Shyam Prasad, on Tuesday granted 3 weeks to Andhra Pradesh and Telangana to report whether the amendment to the rules for mandatory registration of transport undertakings for both the States was incorporated in the AP Motor Transport Workers Rules.

The bench was dealing with a PIL questioning the working conditions of the drivers of buses in both the States. While Andhra Pradesh stated that it would require three months to identify unregistered undertakings and another three months to act against them, the Telangana government stated that it would require three months to take action against the unregistered undertakings. The bench adjourned the matter accordingly.

Appointment by transfers stayed
Justice A Ramalingeswar Rao of the High Court at Hyderabad stayed the appointment by transfers undertaken by the Director of Medical Education – Telangana. The judge was dealing with a writ petition filed by Dr Sumitra Rani, Assistant Professor – General Medicine, Mahabubnagar, questioning the action of the Director of Medical Education and the Director of Public Health and Family Welfare in trying to fill vacancies of Assistant Professors in General Medicine in the above manner without displaying the actual vacancies to the candidates.

The Director of Public Health and Family Welfare issued a notification on Nov 14 inviting information from doctors with PG in various disciplines/specialities for appointment by transfer in the categories of Assistant Professors. Provisional vacancies in the category of Assistant Professors in 15 specialities were notified with a total number of 268 vacancies.

The vacancies in each speciality were also notified. While doing so, the number of vacancies college-wise was not notified. Counsel for the petitioner Dr K Lakshmi Narasimha pointed out that when the petitioner was absorbed in the office of Director of Medical Education during 2016, the total number of vacancies notified in the Speciality of General Medicine was six. Of these, two vacancies were available at Osmania Medical College and Gandhi Medical College. But deliberately, college-wise vacancies were not displayed.

He said that within a short span of six months, the department has shown 22 vacancies in the Speciality of General Medicine which is improbable. Justice Rao directed the matter to be posted after three weeks along with similar matters. He stayed all posting orders pursuant to the impugned notification.

Govt told to respond on VMH land
A two-judge bench of the High court at Hyderabad, comprising acting Chief Justice Ramesh Ranganathan and Justice G Shyam Prasad, on Tuesday observed that prima facie it felt the procedure laid down in the rules was not followed in leasing 10 acres belonging to Victoria Memorial Home to Rachakonda Police Commissionerate for a period of 11 years.

It probed as to how the State government could have alienated the land since it was a registered Endowment property donated by the Nizam VI. It directed maintenance of status quo with regard to the lands and granted one week to the government to answer the queries it had raised.

To recall, the bench was dealing with a PIL filed by VM Home Old Students Association president L Buchi Reddy challenging the GOs permitting the lease of land to Rachakonda Police Commissionerate for 11 years for housing its headquarters.