Full Judgment Text
NON-REPORTABLE
2025 INSC 1169
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 11018-11019 OF 2024
USHA KIRAN KSHATRI AND ORS. ETC. … APPELLANTS
VS.
THE STATE OF TELANGANA & ORS. … RESPONDENTS
WITH
SLP (C) NO. 10419/2024
WITH
SLP (C) NO. 11655/2024
WITH
SLP (C) NO. 12924/2024
WITH
SLP (C) NO. 12925/2024
WITH
SLP (C) NO. 21909/2024
WITH
SLP (C) NO. 21056/2024
WITH
Signature Not Verified
Digitally signed by
JATINDER KAUR
Date: 2025.09.26
15:56:39 IST
Reason:
W.P. (C) NO. 489/2024
1
WITH
SLP (C) NO. 314/2025
O R D E R
DIPANKAR DATTA, J.
1
1. The present batch of civil appeals and special leave petitions assail the common
2
judgment and order of the High Court for the State of Telangana at Hyderabad
th
dated 27 December, 2023 in Writ Petition Nos. 18002, 18842 and 18880 of
nd
2023 as well as the common judgment and order of the High Court dated 2
May, 2024 in Writ Petition Nos. 12527 and 12289 of 2024. Relying on the order
nd
dated 2 May, 2024, one more writ petition, i.e., Writ Petition No. 12886 of 2024,
rd
was decided by the High Court on 3 May, 2024 which has also been challenged
before us.
2. There is also a connected writ petition before us [W.P. (C) No. 489/2024], which
has been presented seeking the relief of quashing the criterion for eligibility in
3
the Telangana State Judicial Service Rules, 2023 , Notification No. 87/2024-RC
th th
dated 10 April, 2024 and Notification No. R.O.C. No. 87/2024-RC dated 24
July, 2024, precluding the writ petitioners from appearing in the recruitment
examination (written) in absence of certificate of enrolment from a Bar
Association in the Telangana State. Direction was sought to the State and the
High Court to permit the writ petitioners to appear in the Written Examination
1
SLPs
2
High Court
3
2023 Rules
2
(Mains) for the post of Civil Judge (Junior Division) in the State Judicial Service
even in the absence of the requisite certificate of being enrolled with a Bar
Association in Telangana.
3. There were also intervention applications [IA No. 173072/2024, IA No.
169060/2024, IA No. 173271/2024 and IA No. 173128/2024 in SLP(C) No.
11655/2024], which have been filed seeking to implead certain writ petitioners
before the High Court as co-petitioners. Such applications were allowed by the
th
learned Chamber Judge vide order dated 30 September, 2024. Office Report
th
dated 20 August, 2025 notes that upon such order, the applicants were made
co-petitioners and the cause title has been amended.
4. The material facts are noted from the present appeals. These facts are indicative
of all the matters before us. Briefly put, the facts are these:
4 th
a. The State of Telangana issued G.O. Ms. No. 59 dated 15 July, 2017
5
framing the Telangana State Judicial (Service and Cadre) Rules, 2017 . On
th
6 January, 2020, the State issued G.O. Ms. No. 31 effecting certain
amendments to the 2017 Rules.
th
b. On 12 April 2023, the State issued Notification No. 180/2023-Rc inviting
applications for appointment on 11 (eleven) posts of District Judge (Entry
Level) by direct recruitment in the Telangana State Judicial Service. This
notification posited that advocates practicing in the High Court or Courts
4
State
5
2017 Rules
3
working under the control of the High Court for 7 years would be eligible to
apply.
c. Appellants/petitioners and others, perceiving that they possessed the
requisite qualifications, offered their candidature by submitting applications
in April 2023 for participating in the recruitment process.
th
d. The State issued Notification vide G.O. Ms. No. 36 dated 10 June, 2023,
whereby special rules in the form of the 2023 Rules were introduced in
supersession of the extant rules. Rule 5 (5.1) (a) of the 2023 Rules read as
follows:
5. Eligibility for Direct Recruitment and Recruitment by transfer:
(5.1) District Judges (Entry Level) Direct Recruitment:
A person to be appointed to the category of District Judge by direct
recruitment shall be:
(a) One who has been practicing as an Advocate in the High Court or
Courts working under the control of the High Court for not less than
7 years as on the date of the notification.
Provided that a full time salaried Law Officer in the Employment of
the Central Government or State Government or any Public
Corporation or Body constituted by statute shall not be eligible for
the post of District Judge.
…
Rule 2(k) of the 2023 Rules reads as follows:
2. Definitions: In these Rules unless the context otherwise requires:-
…
(k) “High Court” means and includes High Court for the State of
Telangana w.e.f. 02.06.2014;
…
rd
e. The Registrar of the High Court issued a list vide Notification dated 3 July,
2023. It contained a list of applicants who were rejected.
4
Appellants/petitioners figured in such list. The common reason for rejection
of their candidature was that they were not eligible to participate in the
recruitment process in terms of Rule 5(1)(a) [sic. Rule 5(5.1)(a)] of the
2023 Rules.
f. Thoroughly dissatisfied with such rejection, the appellants/petitioners
invoked the writ jurisdiction of the High Court by presenting petitions under
6
Article 226 of the Constitution of India .
th
g. By an order dated 12 July, 2023 passed on W.P. No. 18002 of 2023, the
High Court granted interim relief permitting the appellants/petitioners to
nd
appear in the written examination scheduled to be held on 22 July, 2023
rd
and 23 July, 2023.
h. Appellants/petitioners participated in the written examination and claim to
have secured qualifying marks.
th
i. An Official Memorandum dated 16 October, 2023 was sent by the
Registrar of the High Court to the appellants/petitioners with a request to
appear for the oral interview (viva-voce).
j. The Registrar of the High Court filed a counter affidavit in W.P. No. 18880
of 2023 in November, 2023.
6
Constitution
5
th
k. Vide the impugned common judgment and final order dated 27 December,
2023, the writ petitions filed by the appellants/petitioners were dismissed
on the ground that:
i. The 2023 Rules are not in contravention of Article 233 of the
Constitution;
th
ii. The 2023 Rules came to be enacted on 10 June, 2023 with
st
retrospective effect from 01 January, 2023;
iii. ‘High Court’ as mentioned in Rule 2(k) of the 2023 Rules does not
include other High Courts and refers only to the High Court of
Telangana; and
iv. Since the appellants/petitioners are not practicing advocates in the
High Court, they did not have the requisite seven years of experience
and, therefore, could not contend that Rule 5(1)(a) [sic Rule
5(5.1)(a)] of the 2023 Rules was discriminatory, arbitrary, and
violative of Article 14 of the Constitution.
5. Before we part with the facts, one other aspect is this. Those aspiring for
appointment as Civil Judge (Junior Division) have approached this Court by
presenting W.P. (C) No. 489 of 2024, as noted above. This Court by order dated
th
6 August, 2024, while issuing notice, permitted the writ petitioners to participate
in the recruitment process initiated by the High Court by its notification dated
th
10 April, 2024, subject to such further orders as may be passed in these
proceedings. However, the result of these writ petitioners were not to be declared
pending further orders of this Court.
6
6. Learned senior counsel for the appellants, learned counsel for the petitioners in
the SLPs, learned counsel for the writ petitioner, learned counsel for the
intervenors, learned senior counsel for the High Court and learned counsel for
the State were heard at some length. Multiple decisions were cited at the bar on
either side. We had the occasion to peruse the same.
7. Looking at the said decisions and while reserving judgment on these
appeals/SLPs/writ petition, learned senior counsel representing the High Court
was requested by us to seek instructions on certain alternatives that were
suggested with the rider that acceptance of the suggestion favourable to the
appellants/petitioners/intervenors/writ petitioners would not be treated as a
precedent.
8. Additional/Supplementary submissions on the behalf of the High Court having
th
been filed in the Registry of this Court on 28 August, 2025, the same were
subsequently circulated to us. The submissions note that after judgment was
reserved, learned senior counsel apprised the High Court on the alternatives
suggested. It is further revealed therefrom that the High Court has no objection
to declare the results and to appoint such of the
appellants/petitioners/intervenors who have qualified the 2023 recruitment
examination for appointment as District Judges as an exceptional case without
unsettling the 2023 Rules.
9. We appreciate the stand taken by the High Court and, accordingly, request the
High Court to declare the results of the appellants/petitioners/intervenors and to
proceed for verification of their credentials/antecedents. Such of the qualified
7
appellants/petitioners/intervenors who are found suitable may be appointed by
offering them letters of appointment, as a special case, as early as possible but
not later than two months from date of service of a copy of this order on the High
Court. Needless to observe, this order is strictly confined to the facts and
circumstances of the appeals and petitions before us and may not be treated as
a precedent for future cases. It is also clarified that since the appointments are
being offered acceding to a suggestion of this Court, the
appellants/petitioners/intervenors, upon their appointment as District Judge shall
not be entitled to claim any arrears of monetary benefits and their seniority shall
be determined based on their dates of appointment, meaning thereby that those
who have already been appointed shall rank senior to them.
10. There shall be similar direction for the writ petitioners who participated in the
th
examination pursuant to the order dated 6 August, 2024.
11. Needless to observe, all question(s) of law raised before us is/are kept open.
12. The civil appeals, the SLPs and the writ petition are disposed of on the above
terms. Parties shall, however, bear their own costs.
………………………………J
(DIPANKAR DATTA)
………………………………J
(AUGUSTINE GEORGE MASIH)
NEW DELHI;
SEPTEMBER 26, 2025
8
2025 INSC 1169
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 11018-11019 OF 2024
USHA KIRAN KSHATRI AND ORS. ETC. … APPELLANTS
VS.
THE STATE OF TELANGANA & ORS. … RESPONDENTS
WITH
SLP (C) NO. 10419/2024
WITH
SLP (C) NO. 11655/2024
WITH
SLP (C) NO. 12924/2024
WITH
SLP (C) NO. 12925/2024
WITH
SLP (C) NO. 21909/2024
WITH
SLP (C) NO. 21056/2024
WITH
Signature Not Verified
Digitally signed by
JATINDER KAUR
Date: 2025.09.26
15:56:39 IST
Reason:
W.P. (C) NO. 489/2024
1
WITH
SLP (C) NO. 314/2025
O R D E R
DIPANKAR DATTA, J.
1
1. The present batch of civil appeals and special leave petitions assail the common
2
judgment and order of the High Court for the State of Telangana at Hyderabad
th
dated 27 December, 2023 in Writ Petition Nos. 18002, 18842 and 18880 of
nd
2023 as well as the common judgment and order of the High Court dated 2
May, 2024 in Writ Petition Nos. 12527 and 12289 of 2024. Relying on the order
nd
dated 2 May, 2024, one more writ petition, i.e., Writ Petition No. 12886 of 2024,
rd
was decided by the High Court on 3 May, 2024 which has also been challenged
before us.
2. There is also a connected writ petition before us [W.P. (C) No. 489/2024], which
has been presented seeking the relief of quashing the criterion for eligibility in
3
the Telangana State Judicial Service Rules, 2023 , Notification No. 87/2024-RC
th th
dated 10 April, 2024 and Notification No. R.O.C. No. 87/2024-RC dated 24
July, 2024, precluding the writ petitioners from appearing in the recruitment
examination (written) in absence of certificate of enrolment from a Bar
Association in the Telangana State. Direction was sought to the State and the
High Court to permit the writ petitioners to appear in the Written Examination
1
SLPs
2
High Court
3
2023 Rules
2
(Mains) for the post of Civil Judge (Junior Division) in the State Judicial Service
even in the absence of the requisite certificate of being enrolled with a Bar
Association in Telangana.
3. There were also intervention applications [IA No. 173072/2024, IA No.
169060/2024, IA No. 173271/2024 and IA No. 173128/2024 in SLP(C) No.
11655/2024], which have been filed seeking to implead certain writ petitioners
before the High Court as co-petitioners. Such applications were allowed by the
th
learned Chamber Judge vide order dated 30 September, 2024. Office Report
th
dated 20 August, 2025 notes that upon such order, the applicants were made
co-petitioners and the cause title has been amended.
4. The material facts are noted from the present appeals. These facts are indicative
of all the matters before us. Briefly put, the facts are these:
4 th
a. The State of Telangana issued G.O. Ms. No. 59 dated 15 July, 2017
5
framing the Telangana State Judicial (Service and Cadre) Rules, 2017 . On
th
6 January, 2020, the State issued G.O. Ms. No. 31 effecting certain
amendments to the 2017 Rules.
th
b. On 12 April 2023, the State issued Notification No. 180/2023-Rc inviting
applications for appointment on 11 (eleven) posts of District Judge (Entry
Level) by direct recruitment in the Telangana State Judicial Service. This
notification posited that advocates practicing in the High Court or Courts
4
State
5
2017 Rules
3
working under the control of the High Court for 7 years would be eligible to
apply.
c. Appellants/petitioners and others, perceiving that they possessed the
requisite qualifications, offered their candidature by submitting applications
in April 2023 for participating in the recruitment process.
th
d. The State issued Notification vide G.O. Ms. No. 36 dated 10 June, 2023,
whereby special rules in the form of the 2023 Rules were introduced in
supersession of the extant rules. Rule 5 (5.1) (a) of the 2023 Rules read as
follows:
5. Eligibility for Direct Recruitment and Recruitment by transfer:
(5.1) District Judges (Entry Level) Direct Recruitment:
A person to be appointed to the category of District Judge by direct
recruitment shall be:
(a) One who has been practicing as an Advocate in the High Court or
Courts working under the control of the High Court for not less than
7 years as on the date of the notification.
Provided that a full time salaried Law Officer in the Employment of
the Central Government or State Government or any Public
Corporation or Body constituted by statute shall not be eligible for
the post of District Judge.
…
Rule 2(k) of the 2023 Rules reads as follows:
2. Definitions: In these Rules unless the context otherwise requires:-
…
(k) “High Court” means and includes High Court for the State of
Telangana w.e.f. 02.06.2014;
…
rd
e. The Registrar of the High Court issued a list vide Notification dated 3 July,
2023. It contained a list of applicants who were rejected.
4
Appellants/petitioners figured in such list. The common reason for rejection
of their candidature was that they were not eligible to participate in the
recruitment process in terms of Rule 5(1)(a) [sic. Rule 5(5.1)(a)] of the
2023 Rules.
f. Thoroughly dissatisfied with such rejection, the appellants/petitioners
invoked the writ jurisdiction of the High Court by presenting petitions under
6
Article 226 of the Constitution of India .
th
g. By an order dated 12 July, 2023 passed on W.P. No. 18002 of 2023, the
High Court granted interim relief permitting the appellants/petitioners to
nd
appear in the written examination scheduled to be held on 22 July, 2023
rd
and 23 July, 2023.
h. Appellants/petitioners participated in the written examination and claim to
have secured qualifying marks.
th
i. An Official Memorandum dated 16 October, 2023 was sent by the
Registrar of the High Court to the appellants/petitioners with a request to
appear for the oral interview (viva-voce).
j. The Registrar of the High Court filed a counter affidavit in W.P. No. 18880
of 2023 in November, 2023.
6
Constitution
5
th
k. Vide the impugned common judgment and final order dated 27 December,
2023, the writ petitions filed by the appellants/petitioners were dismissed
on the ground that:
i. The 2023 Rules are not in contravention of Article 233 of the
Constitution;
th
ii. The 2023 Rules came to be enacted on 10 June, 2023 with
st
retrospective effect from 01 January, 2023;
iii. ‘High Court’ as mentioned in Rule 2(k) of the 2023 Rules does not
include other High Courts and refers only to the High Court of
Telangana; and
iv. Since the appellants/petitioners are not practicing advocates in the
High Court, they did not have the requisite seven years of experience
and, therefore, could not contend that Rule 5(1)(a) [sic Rule
5(5.1)(a)] of the 2023 Rules was discriminatory, arbitrary, and
violative of Article 14 of the Constitution.
5. Before we part with the facts, one other aspect is this. Those aspiring for
appointment as Civil Judge (Junior Division) have approached this Court by
presenting W.P. (C) No. 489 of 2024, as noted above. This Court by order dated
th
6 August, 2024, while issuing notice, permitted the writ petitioners to participate
in the recruitment process initiated by the High Court by its notification dated
th
10 April, 2024, subject to such further orders as may be passed in these
proceedings. However, the result of these writ petitioners were not to be declared
pending further orders of this Court.
6
6. Learned senior counsel for the appellants, learned counsel for the petitioners in
the SLPs, learned counsel for the writ petitioner, learned counsel for the
intervenors, learned senior counsel for the High Court and learned counsel for
the State were heard at some length. Multiple decisions were cited at the bar on
either side. We had the occasion to peruse the same.
7. Looking at the said decisions and while reserving judgment on these
appeals/SLPs/writ petition, learned senior counsel representing the High Court
was requested by us to seek instructions on certain alternatives that were
suggested with the rider that acceptance of the suggestion favourable to the
appellants/petitioners/intervenors/writ petitioners would not be treated as a
precedent.
8. Additional/Supplementary submissions on the behalf of the High Court having
th
been filed in the Registry of this Court on 28 August, 2025, the same were
subsequently circulated to us. The submissions note that after judgment was
reserved, learned senior counsel apprised the High Court on the alternatives
suggested. It is further revealed therefrom that the High Court has no objection
to declare the results and to appoint such of the
appellants/petitioners/intervenors who have qualified the 2023 recruitment
examination for appointment as District Judges as an exceptional case without
unsettling the 2023 Rules.
9. We appreciate the stand taken by the High Court and, accordingly, request the
High Court to declare the results of the appellants/petitioners/intervenors and to
proceed for verification of their credentials/antecedents. Such of the qualified
7
appellants/petitioners/intervenors who are found suitable may be appointed by
offering them letters of appointment, as a special case, as early as possible but
not later than two months from date of service of a copy of this order on the High
Court. Needless to observe, this order is strictly confined to the facts and
circumstances of the appeals and petitions before us and may not be treated as
a precedent for future cases. It is also clarified that since the appointments are
being offered acceding to a suggestion of this Court, the
appellants/petitioners/intervenors, upon their appointment as District Judge shall
not be entitled to claim any arrears of monetary benefits and their seniority shall
be determined based on their dates of appointment, meaning thereby that those
who have already been appointed shall rank senior to them.
10. There shall be similar direction for the writ petitioners who participated in the
th
examination pursuant to the order dated 6 August, 2024.
11. Needless to observe, all question(s) of law raised before us is/are kept open.
12. The civil appeals, the SLPs and the writ petition are disposed of on the above
terms. Parties shall, however, bear their own costs.
………………………………J
(DIPANKAR DATTA)
………………………………J
(AUGUSTINE GEORGE MASIH)
NEW DELHI;
SEPTEMBER 26, 2025
8