BODUGULA BRAHMAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this batch of writ petitions, some of the petitioners who are practising as advocates and some others as Additional Public Prosecutors in the State of Andhra Pradesh, seek quashment of order dtd. 3/7/2023 by which applications submitted by them seeking recruitment to the post of District Judge in the State of Telangana have been rejected. Alternatively, the petitioners have sought a declaration that Rule 5(1)(a) of the Telangana State Judicial (Service and Cadre) Rules, 2023 (hereinafter referred to as '2023 Rules') be struck down as arbitrary and discriminatory. The petitioners have sought a consequential direction to respondents to permit them to appear in written examination of District Judge.

(2.) Facts giving rise to filing of these writ petitions in nutshell are that the Government of Telangana issued notification dtd. 12/4/2023 for direct recruitment to eleven posts of District Judges (Entry Level) in Telangana State Judicial Service. The last date of submission of applications was 1/5/2023. The dates of examination tentatively were fixed as 24/6/2023 and 25/6/2023. Paragraph 3 of the aforesaid advertisement provides that recruitment to the posts shall be made in accordance with 2023 Rules. Paragraph 4 of the aforesaid notification dealt with the eligibility criteria and inter alia provides that a practising advocate in the High Court or Courts working under the control of High Court for not less than seven years as on the date of notification shall be eligible to appear in the aforesaid examination.

(3.) In the light of decision of Supreme Court in All India Judges' Association vs. Union of India,(2002) 4 SCC 247. and in exercise of powers conferred under Articles 233 to 235, Article 237 read with proviso to Article 309 and proviso to clause (3) of Article 320 of the Constitution of India, the State Government in consultation with the High Court for the State of Telangana by a notification dtd. 10/6/2023 has framed the Rules, namely 2023 Rules. Rule 1.3 provides that the Rules shall be deemed to have come into force with effect from 1/1/2023. Rule 5 deals with eligibility for direct recruitment and recruitment by transfer. Rule 2(k) of the Rules defines the expression 'High Court' to mean and include the High Court for the State of Telangana with effect from 2/6/2014. Rule 5(1)(a) provides that a person shall be eligible for appointment by direct recruitment to the post of District Judge who has been practising as an advocate in High Court or the Courts working under the control of High Court for not less than seven years as on the date of notification.