The Telangana High Court recently dismissed a petition challenging a rule that allows only those advocates who have practiced law within the State to apply for the post of District Judge [Bodugula Brahmaiah and others v. State of Telangana].The division bench of Chief Justice Alok Aradhe and Justice T Vinod Kumar rejected the argument that the rule was in violation of Article 233 (appointment of district judges) of the Constitution.It reasoned that if the Constitution is silent with regard to qualification or condition, the rule making authority is entitled to prescribe the same.
“The qualification that a candidate must have practised as an advocate in the High Court or the Courts working under the control of High Court for not less than seven years as on the date of notification for recruitment to the post of District Judge (entry level) is not prescribed under Article 233, however, the same can be prescribed by the Rule Making Authority,” said the Court.The petitioners, advocates from Andhra Pradesh, had challenged Rule 5(1)(a) of the Telangana State Judicial (Service and Cadre) Rules, 2023 since it prevented them from applying for the District Judges (Entry Level) of Telangana State Judicial Service advertised last year. The Court rejected the argument that the rules notified in June 2023 could not have been applied retrospectively for the posts advertised in April 2023. It held the State has the power to make rules with retrospective effect. On whether ‘High Court’ under the Telangana State Judicial (Service and Cadre) Rules, 2023 includes other High Courts as well, the bench said since ‘means and includes’ has been used in the definition, it restricts the term ‘High Court’ to Telangana High Court.However, the Court also noted that the Telangana High Court was established only in 2019 and the rule requires the practice of seven years as advocate. “Therefore, the Rule Making Authority has used the expression ‘includes’ to mean High Court for the State of Telangana with effect from 02.06.2014 so that the advocates practicing before the erstwhile High Court for the then State of Andhra Pradesh as well as the High Court for the State of Telangana would be eligible for consideration for recruitment to the post of District Judge.” On the argument of discrimination against those practicing outside, the Court said the rule has been enacted to recruit suitable candidates Telangana State Judicial Service who are acquainted with the practice of local Courts in Telangana and have the knowledge of local laws.
“The practice in subordinate courts or in the High Court is also a relevant test to prescribe,” it added.The Court also noted that a similar rule of the Maharashtra Judicial Service Rules, 2008 was challenged before the Bombay High Court on the ground of Article 14 but the same was dismissed in 2018.The Supreme Court had dismissed the Special Leave Petition against that ruling in 2021, it noted further.The Court, therefore, dismissed the petitions.Advocates C Ramachandra Raju, R Vishnu Vardhan Reddy, SR Sanku and P Bhaskar represented the petitioners.Senior Counsel G Vidya Sagar and advocate Swaroop Oorilla represented the respondents.
TAGS: Telangana High Court Rule 5(1)(a) District Judge appointment advocates
