BODAPATI VAMSI KRISHNA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In these batch of Writ Petitions filed under Article 226 of the Constitution, the petitioners have challenged the constitutionality of Rule 2(k) and Rule (5.2)(A) of the Telangana State Judicial Service Rules, 2023 (hereinafter called 'Rules of 2023') which prescribes minimum and maximum age limit because of which few petitioners became ineligible for submission of their candidature for the post of Civil Judge (Junior Division). In addition, the petitioners have also called in question the provisions of the Rule which permits only Advocates practising in Telangana to participate in the selection process. The requirement of obtaining certificate of practice from the concerned Bar Association is another reason of grievance of the petitioners.

(2.) The petitioners of this case are aggrieved by Rules 2 (k) and (5.2)(A) of Rules of 2023 and Clause 6 (A) of Notification dtd. 10/4/2024, on the ground that since they have crossed age of 26 years and the Rule prescribes the maximum age of 26 years, the Rules are ultra vires and liable to be struck down.

(3.) To elaborate, Sri Anup Koushik Karavadi, learned counsel for the petitioners, submits that in All India Judges' Association and others vs. Union of India,(2002) 4 SCC 247 the Apex Court in clear terms opined about the need of meritorious candidates in the Judicial Services and laid down the law with the clear finding that in case of any modification in the judgment of the Apex Court is required, necessary directions must be obtained from the Supreme Court only.