The requirement of proficiency in Telugu for judicial recruitment is upheld as a valid policy decision, not violating fundamental rights or being arbitrary.

ORDER :

Sujoy Paul, J.

1. This petition filed under Article 226 of the Constitution challenges the constitutionality of Rules 5.3 and 7(i) of the Telangana State Judicial (Service and Cadre) Rules, 2023 (impugned Rules) which were brought into force in exercise of power under proviso to Article 309 of the Constitution through G.O.Ms. No. 36, dated 10.06.2023. The consequential recruitment notification dated 10.04.2024 which is making it obligatory for the candidates to be conversant in Telugu language and scheme of written examination providing for translation from English to Telugu and vice-versa without providing the option of being conversant in Urdu and translation in Urdu is also called in question in this petition.

Facts:

2. The petitioner is a practicing advocate and submitted his candidature as Civil Judge pursuant to notification dated 10.04.2024. The petitioner has studied in Urdu medium during his schooling and has not studied in Telugu medium. The 12th certificate and graduation certificate are placed on record to substantiate the same. The petitioner also filed his enrolment certificate and certificate of practice.

3. The petitioner appeared in the qualifying examination and cleared it. After qualifying the examination, the petitioner was permitted to write the main written examination subject to outcome of the instant writ petition. The impugned Rules and the notification are coming in his way, and therefore, the present writ petition is filed.

Contention of the petitioner:

4. Sri V. Raghunath, learned Senior Counsel representing Sri Mohammed Omer Farooq, learned counsel for the petitioner, submits that the impugned Rules were introduced for the first time in the judicial service pursuant to an amendment vide G.O.Ms. No. 3, dated 06.01.2020 amending the Telangana State Judicial (Service and Cadre) Rules, 2017 (Rules of 2017) (Annexure P-3). The Rules of 2017 did not prescribe the requirement of proficiency in Telugu language as a mandatory condition. The Andhra Pradesh State Judicial Service Rules, 2007 (Rules of 2007) were in vogue till 2017, but did not contain any requirement of proficiency in Telugu language as a condition for recruitment as a Judicial Officer.

5. It is canvassed that Urdu is recognized as an official language under Article 345 of the Constitution pursuant to amendment vide Act No. 30 of 2017 to the Telugu Official Languages Act, 1966 (Official Languages Act). Since Urdu has been given the status of second official language in this state, it is arbitrary and unjust in not providing an option of being conversant with Urdu or Telugu in the Rules for recruitment for Civil Judges. In addition, it is urged that Urdu is recognized as a language of Court in 31 districts out of 33 districts in the State of Telangana which is evident from notification vide G.O.Ms. No. 51 dated 17.05.2022 issued in exercise of power under Section 272 of the Code of Criminal Procedure, 1973. Learned Senior Counsel submits that it was never mandatory for the candidates to study Telugu and such a requirement of being proficient in Telugu was never part of the statute before impugned Rules came into being. Thus, impugned Rules are manifestly arbitrary and fail to consider that the Telangana region has historically being a multi-cultural State. The people from various regions of the country speaking various languages reside in Telangana. Urdu language has always been an integral part of the culture and ethos of the State and State has always recognized itself as a bilingual State warranting equal recognition to Telugu and Urdu both. In similar situation, the West Bengal Judicial Service Examination provides the option of translating from English to Bangali/Hindi/Urdu/ Nepali/Snatali.

6. It is further pointed out that teaching of Telugu became mandatory in the State of Telangana in a faced manner only pursuant to the Telangana (Compulsory Teaching and Learning of Telugu in Schools) Act, 2018. Learned Senior Counsel, by taking this Co