HYDERABAD: The Telangana High Court has dismissed a petition challenging the constitutionality of certain provisions in the state Judicial (Service and Cadre) Rules, 2023, particularly the mandatory requirement for proficiency in the Telugu language for judicial service candidates. A bench of Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao held that the rules were neither arbitrary nor discriminatory, and their purpose was valid in the context of improving the administration of justice in the state.
The case involved Mohd Shujath Hussain, a practising advocate who had applied for the position of Civil Judge in response to the recruitment notification dated April 10, 2024. The petitioner, who had studied in Urdu medium throughout his academic career, argued that the requirement for proficiency in Telugu and the absence of an alternative option to demonstrate proficiency in Urdu violated the constitutional principle of equality under Article 14.
Hussain contended that the state government’s decision to make proficiency in Telugu a prerequisite for judicial recruitment was arbitrary, especially considering that Urdu had been recognised as a second official language under the Telangana Official Languages Act, 1966.
The petition further highlighted that Urdu was recognised as a language of court in 31 out of 33 districts in Telangana, and its use in legal and judicial contexts was prevalent. Senior counsel for the petitioner, V Raghunath, argued that the introduction of this provision was unfair as it did not consider the multilingual and multicultural nature of Telangana. He also pointed to other states like West Bengal, where judicial exams provide options for language proficiency in multiple languages, including Urdu.
However, senior counsel Harender Pershad, representing the Telangana High Court and the Registrar for Recruitment, defended the rules. Pershad said that the decision to make proficiency in Telugu mandatory was based on the linguistic demographics of Telangana, where around 77% of the population speaks Telugu.
He explained that Telugu is the primary language used in trial courts, criminal cases, and official documentation. As such, the proficiency requirement in Telugu was deemed essential for the effective functioning of the judiciary and the fair administration of justice.
The bench, after hearing both sides, noted that the rules were a policy decision made to cater to the needs of the judicial system, particularly considering that Telugu was the most widely spoken language in the state. The Bench ruled that the provisions of the Telangana State Judicial (Service and Cadre) Rules, 2023, did not violate any constitutional rights, including Articles 14 and 16, and dismissed the petition as devoid of merit.