The Supreme Court dismissed petitions challenging Telangana’s seven-year practice rule for district judge eligibility. The High Court may now appoint qualified candidates as a special case under the 2023 recruitment rule.
New Delhi: The Supreme Court on Friday declined to interfere with the Telangana Judicial Service Rule that requires advocates to have seven years of practice in the state’s courts to be eligible for appointment as district judges.
A bench comprising Justice Dipankar Datta and Justice Augustine George disposed of the petitions challenging the Telangana High Court’s earlier verdict on the matter.
The apex court took note of the High Court’s submission that it had no objection to declaring the results of the 2023 recruitment examination and appointing those petitioners who qualified, as an exceptional case, without disturbing the existing 2023 rule.
The bench said,
“We appreciate the stand taken by the High Court and, accordingly, request the High Court to declare the results of the appellants/petitioners/intervenors and to proceed for verification of their credentials/antecedents.”
The bench added,
“Such of the qualified appellants/petitioners/intervenors who are found suitable may be appointed by offering them letters of appointment, as a special case, as early as possible but not later than two months from date of service of a copy of this order on the High Court.”
The Supreme Court clarified that its order is strictly limited to the facts and circumstances of these specific appeals and petitions and should not be considered as a precedent for future cases.
The bench further clarified,
“Since the appointments are being offered acceding to a suggestion of this Court, the appellants/petitioners/intervenors, upon their appointment as District Judge shall not be entitled to claim any arrears of monetary benefits and their seniority shall be determined based on their dates of appointment, meaning thereby that those who have already been appointed shall rank senior to them.”
The dispute originated from petitions filed by advocates and public prosecutors practicing outside Telangana, who challenged the eligibility condition requiring practice within the state’s courts.
The petitioners argued that the rule amounted to a form of “domicile reservation” and was discriminatory.
However, the Telangana High Court had rejected these claims, observing that the seven-year practice requirement was a valid professional qualification intended to ensure judicial officers were well-acquainted with local laws, court procedures, and the language used in Telangana courts.
With this decision, the Supreme Court has allowed the High Court to move forward with the appointments of qualified candidates under the 2023 recruitment rules as a special case, providing clarity on the application of the rule while maintaining respect for existing appointments and seniority.
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