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SUJOY PAUL, N. TUKARAMJI
Bodapati Vamsi Krishna – Appellant
Versus
State of Telangana – Respondent
ORDER: (per Hon’ble SP, J)
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.
Contention of Petitioners:
W.P.No.12527 of 2024:-
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 dated 10.04.2024, 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
The court upheld the constitutionality of age limits in judicial recruitment rules, affirming that such regulations fall within the policy-making authority of the rule makers.
The court affirmed that the minimum age requirement for District Judge recruitment is constitutionally valid, emphasizing the necessity of maturity and experience in judicial appointments.
The High Court's administrative powers, rule-making authority, and the validity of age limits for judicial service examinations were central to the judgment.
Point of law: Article uses the word “sha ”, which obviously gives a mandatory colour to the said Article. There fore, once the law has been declared by the Apex Court, it becomes the law of the land
Appointments to judicial services of the State should be made only in accordance with the rules made by the Governor under Article 234 of the Constitution after consultation with the State Public Ser....
Validity of notification will have to be tested with reference to constitutional provisions and Business rules and not by their form or substance.
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