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SC to Hear Challenge Against Telangana HC’s Civil Judge Eligibility Rule

New Delhi: The Supreme Court has agreed to hear a petition challenging the Telangana High Court order that upheld an eligibility criterion that allows only lawyers enrolled in the local bar association to appear for the entrance test for the post of civil judge.

A two-judge bench of Justice Hrishikesh Roy and Justice Prashant Kumar Mishra issued notice on a plea of advocate V. Rakesh Reddy, who is enrolled with the Delhi Bar Council, and allowed him to apply for the post of civil judge in Telangana state.

In its recent order, the top court said: “The petitioner is allowed to upload his admission form online, in terms of advertisement dated April 10, 2024. As an interim measure, the same should not be rejected on the grounds mentioned in 5.2(A) (III)(a) of the Telangana State Judicial (Service and Cadre) Rules, 2023 and the qualification in Clause 6(A)(III) of the Recruitment Notice.”

The Telangana State Judicial Services Rules of 2023 provides that a candidate who seeks to apply for the examination is required to be a practitioner from the local bar association and submit a certificate of practice as a proof.

The Supreme Court bench noted the submission of advocates Apoorv Kurup and Nidhi Mittal, appearing for Rakesh Reddy, that he was enrolled as a lawyer with the Delhi Bar Council and was interested in applying for the post of civil judge in response to the advertisement dated April 10.

Kurup, assisted by advocate Rahul Jangra, submitted that since the candidate was also required to produce a certificate of practice from the local bar association, Rakesh Reddy’s candidature may be rejected at the threshold.

Noting that the court had agreed to hear a similar challenge made in a plea of a candidate for the post of district judge and an interim relief has been granted to him to apply for the job, the apex court tagged Rakesh Reddy’s plea along with the pending matter.

Rakesh Reddy, who hails from Andhra Pradesh, had challenged the Telangana High Court’s May 3 order which upheld certain rules of the TS Judicial Services Rules, 2023 as well as the notification dated April 10.

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