IN THE HIGH COURT FOR THE STATE OF TELANGANA AT YDERABAD

THE HONOURABLE SRI JUSTICE P.SAM KOSHY

AND

THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO

W.P.No.38765 of 2025

Date: 17.12.2025

Between:

M.Anitha and others

… Petitioners

And

The State of Telangana rep.by its Principal Secretary,

Law Department, Hyderabad and others.

…Respondents

ORDER : (per Hon’ble Sri Justice P.Sam Koshy)

Heard Mr.Nayakawadi Ramesh, learned counsel for the petitioners;

Ms.M.Shalini, learned Government Pleader for Services-II, appearing for respondent No.1 and Mr.Vivek Jain, learned Standing Counsel for High Court

appearing for respondent Nos.2 and 3 and perused the record.

2. The present is the Writ Petition which has been filed assailing the notification dated 01.12.2025 for direct recruitment to the post of Civil Judge (Junior Division) in the Telangana State Judicial Service. All the petitioners are the practicing Advocates in the State of Telangana. In terms of the notification, there is one of the eligibility criteria for participating in the recruitment process is the candidate must have been practicing as an Advocate for a period of not less than three years as on the date of notification i.e.01.12.2025. The last date for submission of application as per the notification is 29.12.2025. The petitioners in the writ petition take a categorical stand that by the last date of applying as per

the notification i.e.29.12.2025, all the petitioners would fulfill the eligibility criteria of having three years of practice. However, as on date, these petitioners are getting leave out for the reason that the eligibility criteria prescribes the date of notification as the cut-off date of acquiring the eligibility criteria. It is pertinent to take note of the fact that the recruitment Rules till 06.11.2025 did not have the aforesaid eligibility criteria. Therefore, law graduates are permitted to participate in the recruitment process. The Hon’ble Supreme Court in All India Judges Association v. Union of India ¹ had passed the specific orders that for recruitment to the post of civil Judges, the minimum three years of practice at the Bar should be made mandatory. For ready reference, clause (vii) of the directions so issued in the said judgment are reproduced hereunder:

“All the High Courts and the State Governments in the country shall amend the relevant service rules to the effect that candidates desirous of appearing in the examination for the post of Civil Judge (Junior Division) must have practiced for a minimum period of 3 years to be eligible for the said examination. To fulfill the said requirement, the Rules shall mandate that the candidate produces a certificate to that effect duly certified either by the Principal Judicial Officer of that Court or by an advocate of that Court having a minimum standing of 10 years duly endorsed by the Principal Judicial Officer of such a District or a Principal Judicial Officer at such a station. Insofar as the candidates who are practicing before the High Courts or this Court, they shall be certified by an advocate who has a minimum standing of 10 years duly endorsed by an officer designated by that High Court or this Court. We further direct that the experience of the candidates which they have gained while working as Law Clerks with any of the Judges or Judicial Officers in the country should also be considered while calculating their total number of years of practice. The Rules shall also mandate that the candidates who are appointed to the post of Civil Judge (Junior Division) pursuant to their selection through the examination must compulsorily undergo at least 1 year of training before presiding in a Court”.

3. Pursuant to the directions, the High Court in the State of Telangana also amended the Telangana State Judicial (Service and Cadre) Rules, 2023 incorporating three years of practice at the Bar being made mandatory. All the

11 2025 SCC OnLine SC 1184 petitioners herein find themselves not having requisite eligibility crite