Telangana High Court Issues Notice On Plea Challenging Mandate Of Proficiency In Telugu For Eligibility To Post Of Civil Judge

A writ petition has been filed in the Telangana High Court challenging proficiency in the Telugu Language as a condition for qualification to the post of a Civil Judge and providing for written examination consisting of translation from English Language to Telugu Language and vice versa without providing for the option of opting for Urdu language.

The petition was placed before Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao, who directed that notice be issued to the respondents and gave the petitioners the liberty to file an intervention application, in case any urgency arises.

The petition has been filed by a practising advocate challenging a state government notification to the effect, on the grounds of being manifestly arbitrary, discriminatory, irrational, unreasonable, and violative and Articles, 14,16 and 245 of the Constitution of India.

The petitioner contended that he had applied for the post of Civil Judge, secured a hall ticket and even cleared the screening test. However, he stated that since he was not well-versed in the Telugu language, it would be extremely difficult for him to clear the written test. A portion of the written test (worth 30 marks) mandated translating Telugu text into English.

He contended that he had chosen Urdu as his first language and English as his special second language in school and as such never learned to read or write the Telugu language. In fact, it was brought to the notice of the Court, that only in 2018, Telugu was made a mandatory subject in schools throughout the State.

The Court was also informed that in 2017, Urdu was recognized as the second official language of the State.

“It is relevant to submit that the Act (Telangana Official Languages Act,1966) mandates for both Telugu and Urdu to be used in matters of administration and introducing bills or amendments; in all ordinances promulgated by the Governor; and in all orders, rules, regulations and bye-laws issued by the State Government. It is further submitted that the usage of the word "Second" in the Act making Urdu the second official language does not confer it a lower status as it merely reiterates the importance of Urdu in the State of Telangana and also recognizes its importance of the language amount its citizens,” the petition read.

It was also argued that only in 2020, proficiency in Telugu reading and writing was made an eligibility condition for recruitment of Civil Judges and that there was no intelligible differentia in such a mandate.

Thus, the petition prayed for interim relief to be permitted to participate in the written examination without giving heed to the condition of proficiency in the Telugu Language subject to the outcome of the plea.

WP 21200 of 2024

Counsel for peititoner: Mohammed Omer Farooq

Counsel for respondent: GP for General Administration.

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