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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUJOY PAUL, NAMAVARAPU RAJESHWAR RAO
Mohd. Shujath Hussain – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. challenge to the constitutionality of language proficiency rules for judicial candidates. (Para 1 , 2 , 3) |
| 2. arguments against mandatory telugu proficiency based on linguistic diversity. (Para 4 , 5 , 6 , 7) |
| 3. defense of telugu proficiency requirement as consistent with legal provisions. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. rebuttal against claims of discrimination based on language requirements. (Para 14 , 15 , 16 , 17) |
| 5. petitioner's argument on compelled declaration of telugu proficiency. (Para 18 , 19 , 20) |
| 6. overview of the court's findings regarding the language rules. (Para 21 , 22 , 23) |
| 7. judiciary's discretion in setting service conditions is upheld. (Para 24 , 25 , 26 , 27) |
| 8. precedent confirming the legitimacy of language requirements in judicial service. (Para 28 , 29 , 30 , 31 , 32 , 33) |
| 9. affirmation of telugu proficiency rule validity and rejection of the petition. (Para 34 , 35 , 36 , 37) |
| 10. final dismissal of the petition. (Para 38) |
ORDER :
Sujoy Paul, J.
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
The requirement of proficiency in Telugu for judicial positions is justified for efficient administration of justice and does not violate constitutional principles of equality.
The requirement of proficiency in Telugu for judicial recruitment is upheld as a valid policy decision, not violating fundamental rights or being arbitrary.
The examination for the Art Teacher post must be conducted in both English and Telugu as per the notification, ensuring fairness and adherence to procedural guidelines.
The petitioner, having participated in the selection process without protest and having failed, cannot challenge the selection process or the validity of the proviso to Rule 6(2)(a) of the Service Ru....
Recruitment authorities must adhere to their own notifications, and changing examination criteria post-commencement is impermissible, violating candidates' rights under Articles 14 and 16.
The mandatory participation in qualifying tests for public recruitment cannot be waived for individual candidates based on personal circumstances.
Point of Law : If Section 6 of the General Clauses Act had been applied, no doubt, this complaint against the two accused for the offence punishable under R. 132A of the D.I.Rs. could have been insti....
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