Judicial Service : Retrospective application of Rule requiring 7 years of practice as an advocate held valid
Supreme Court Upholds Telangana Judicial Service Eligibility Rules. Apex Court Validates Retrospective Application of 2023 Rules for District Judge Recruitment
In a significant judgment, the Supreme Court of India has upheld the Telangana State Judicial (Service and Cadre) Rules, 2023, reinforcing the eligibility criteria for the recruitment of District Judges (Entry Level). The court validated the rule requiring candidates to practice in the Telangana High Court or its subordinate courts for seven years, underscoring its conformity with Article 233 of the Constitution. The retrospective application of these rules from January 1, 2023, was also sustained.
The Supreme Court, led by Justices Dipankar Datta and Augustine George Masih, addressed a series of civil appeals and special leave petitions challenging the High Court's earlier rulings. The appellants contended that the rules discriminated against candidates who did not practice in the Telangana High Court, alleging violations of constitutional principles. However, the court decisively rejected these claims, affirming that the term "High Court" under Rule 2(k) exclusively pertains to the Telangana High Court.
In a move to ensure fairness, the Supreme Court directed the Telangana High Court to declare the results for candidates who qualified in the 2023 recruitment examination and verify their credentials. Appointments are to be made in exceptional cases, without unsettling the established rules. Notably, appointees will not receive arrears of monetary benefits, and their seniority will be determined based on the date of appointment, ensuring that current appointees maintain their precedence.
The judgment marks a pivotal moment in judicial recruitment, affirming the state's authority to set specific criteria for judicial appointments while balancing the interests of aspiring candidates. The court's decision reflects a careful consideration of the rules' intent to maintain a high standard within the judiciary, while addressing the practical implications for the candidates.
Statutory provision(s): Article 233 of the Constitution, Telangana State Judicial (Service and Cadre) Rules, 2023, Rule 2(k), Rule 5(5.1)(a).
Usha Kiran Kshatri v. State of Telangana, (SC) : Law Finder Doc id # 2784450
