LI Network
Published on: January 1, 2024 at 11:00 IST
In a recent ruling, the Telangana High Court has upheld the constitutional validity of Rule 5(1)(a) of the Telangana State Judicial Service and Cadre Rules, 2023. This rule defines the eligibility criteria for direct recruitment to the position of District Judge in Telangana.
Rule 5(1)(a) specifically addresses eligibility for Direct Recruitment as District Judges (Entry Level), stipulating that candidates must have practiced as advocates in the High Court or Courts under the High Court’s jurisdiction for a minimum of seven years as of the notification date.
Notably, High Court, as defined in Rule 2(k), refers to the High Court for the State of Telangana from June 2, 2014.
Consequently, advocates and public prosecutors practicing in states other than Telangana are deemed ineligible for recruitment as District Judges in Telangana.
Chief Justice Alok Aradhe and Justice T Vinod Kumar emphasized that no factual foundation challenging the validity of Rule 5(1)(a) had been established in the pleadings.
The Court asserted that the rule aims to ensure the appointment of suitable individuals in the judicial service to promote fair and efficient administration of justice. The Rule Making Authority, according to the court, possesses the competence to prescribe qualifications for eligibility.
The Court held that without proper pleadings challenging the constitutional validity and lacking factual foundation, the challenge to the provision must be rejected outright.
The case involved advocates and Additional Public Prosecutors from Andhra Pradesh seeking to quash the rejection of their applications for the District Judge position in Telangana. They contested the arbitrary and discriminatory nature of Rule 5(1)(a) of the Telangana State Judicial Service and Cadre Rules, 2023.
The High Court emphasized that a challenge to a rule’s validity must be based on a factual foundation, and the necessary facts must be pleaded to invoke Article 14. The court ruled that no factual foundation had been laid in the pleadings, leading to the dismissal of the petitions.
Case Title: Bodugula Brahmaiah & Ors. vs State of Telangana.