Supreme Court Asks Telangana High Court To Declare Results Of Some Candidates Of 2023 District Judge Exam "As A Special Case"

The civil appeals and special leave petitions before the Apex Court were filed by the judiciary aspirants challenging the common judgment of the Telangana High Court.

The Division Bench of Justice Dipankar Datta and Justice Augustine George Masih held, “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. 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.”

Advocate Goli Rama Krishna represented the Appellant while AOR Devina Sehgal represented the Respondent.

Factual Background

In the year 2020, certain amendments were effected to the Telangana State Judicial (Service and Cadre) Rules, 2017. In 2023, the State issued a Notification inviting applications for appointment to 11 posts of District Judge (Entry Level) by direct recruitment in the Telangana State Judicial Service. This notification posited that advocates practising in the High Court or Courts working under the control of the High Court for 7 years would be eligible to apply. Appellants/petitioners and others, perceiving that they possessed the requisite qualifications, offered their candidature by submitting applications in April 2023.

The State issued a Notification in 2023, whereby special rules in the form of the 2023 Rules were introduced in supersession of the extant rules. Rule 5 (5.1) (a) provided for the Eligibility for Direct Recruitment and Recruitment by transfer. It was stated therein that a person to be appointed to the category of District Judge by direct recruitment shall be one who has been practising as an Advocate in the High Court or Courts working under the control of the High Court for not less than 7 years as on the date of the notification. The Appellants/petitioners figured in the rejection list. Thoroughly dissatisfied with such rejection, the appellants/petitioners invoked the writ jurisdiction of the High Court.

The High Court granted interim relief permitting the appellants/petitioners to appear in the written examination. The Registrar of the High Court filed a counter affidavit, and the petition of the appellants came to be dismissed on the ground that the 2023 Rules were not in contravention of Article 233 of the Constitution. Those aspiring for appointment as Civil Judge (Junior Division) had approached the Court seeking the relief of quashing the criterion for eligibility in the Telangana State Judicial Service Rules, 2023, precluding the writ petitioners from appearing in the recruitment examination (written) in the absence of a certificate of enrolment from a Bar Association in the Telangana State. The Apex Court, while issuing notice, permitted the writ petitioners to participate in the recruitment process, subject to such further orders as might be passed in these proceedings.

Reasoning

The Bench referred to the Additional/Supplementary submissions made on behalf of the High Court, wherein it was noted that the High Court had no objection to declare the results and to appoint such of the appellants/petitioners/intervenors who had qualified the 2023 recruitment examination for appointment as District Judges as an exceptional case without unsettling the 2023 Rules.

The Bench requested the High Court to declare the results of the appellants/petitioners/intervenors and to proceed for verification of their credentials/antecedents.

The Bench also made it clear that the order is strictly confined to the facts and circumstances of the appeals, and the petitions may not be treated as a precedent for future cases.

“It is also clarified that 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”, it asserted.

The Bench thus disposed of the SLP, Appeal and Petition while keeping all questions of law open.

Cause Title: Usha Kiran Kshatri v. The State of Telangana (Neutral Citation: 2025 INSC 1169)

Appearance

Appellant:Advocate Goli Rama Krishna, AOR Vandana Sharma, AOR Sadineni Ravi Kumar, Advocates Syed Ahmed Saud, Mohd. Parvez Dabas, Uzmi Jameel Husain, Daanish Ahmed Syed, Ashish Chandra Singh, AOR M/s Shakil Ahmad Syed, Advocates Ritu Bhardwaj, Rajat Gaur, AOR Amol Chitravanshi, AOR S. Vinay Ratnakar, Advocates Kashapogu Suresh, Divya Dokka, Aishwarya Sudhir, Nabab Singh, AOR Nidhi Mittal, Advocates Agnish Aditya, Rahul Jangra

Respondent: Senior Advocates G.vidya Sagar, Gagan Gupta, AOR Devina Sehgal, Advocates Kumar Vaibhaw, Srikanth Varma Mudunuru, Yatharth Kansal, AOR Somanadri Goud Katam, Advocates Neha Agarwal, Vatsal Joshi, Sirajuddin, AOR Venkata Raghuvamsy D., AOR Rajendra Prasad Mourya, AOR Abhinay, Advocates Kirti Vyas, Sakshi Mani Tripathi, AOR S. Vinay Ratnakar, Advocate Kashapogu Suresh, Advocates Syed Ahmed Saud, Mohd. Parvez Dabas, Daanish Ahmad Syed, Uzmi Jameel Husain, Mohammad Aadil Khan

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