Supreme Court Rejects Plea Against Telangana Rule Mandating Telugu Proficiency For Civil Judge Posts Without Urdu Option

The Supreme Court on Monday (April 28) dismissed a petition challenging a Telangana High Court order which upheld a State rule and government notification mandating proficiency in Telugu as a qualification for appointment as a Civil Judge.

The petitioner, Mohd Shujath Hussain, was aggrieved that the Telangana State Judicial (Service and Cadre) Rules, 2023 and the government notification did not provide for proficiency in Urdu language as an option, despite it being the state's second official language. 

A bench comprising Justices BR Gavai and AG Masih refused to interfere with the High Court's decision, thus affirming the requirement of Telugu language proficiency for candidates aspiring to judicial posts in Telangana. 

Senior Advocate Salman Khurshid appeared for the petitioner and argued that in Telangana, Urdu is recognized as a language of Court in 31 districts out of 33 and 15% of the population is Urdu-speaking. "Some level of proficiency in Telegu is rational and understandable, but to have exclude Urdu-speaking people entirely...", he submitted. Disagreeing, Justice Gavai noted that it was not a case of "exclusion", insofar as the only requirement was that the candidate also learn Telegu.

Subsequently, Khurshid argued that in Rules prevailing right from the year 2007, proficiency was to be established at the stage of training and not selection.

At this point, the bench noted that in his application, the petitioner admitted that he was having proficiency in Telegu (by clicking 'yes' in response to the entry regarding Telegu proficiency). However, later, he turned around and filed the petition. Khurshid admitted the position, but explained that it was the only way for the petitioner to submit his application.

Unconvinced, the bench dismissed the petition. "This is taking chances after [failing]...sorry", remarked Justice Gavai.

Briefly put, the petitioner moved the Telangana High Court challenging the constitutionality of Rules 5.3 and 7(i) of the Telangana State Judicial Rules, 2023. He was aggrieved as a recruitment notification dated 10.04.2024 made it obligatory for candidates to the post of Civil Judge to be conversant in Telugu language, without providing the option of being conversant in Urdu. A portion of the written test (worth 30 marks) mandated translating Telugu text into English.

The petitioner had cleared the qualifying examination and was permitted to write the main written examination subject to outcome of his writ petition. Assailing the Rules before the High Court, he highlighted that in 2017, Urdu was recognized as the second official language of the State; as such, it was "arbitrary and unfair" to not provide Urdu proficiency as an alternative. Further, he submitted that he had studied in Urdu medium and that the test should have given an option of Urdu as well.

Rejecting the petition, the High Court noted that the passing of Telugu test was an essential requirement upto 2007. An exemption in Rule 21 of 2007 Rules was given to the category of Civil Judges and District Judges with a view that proficiency in Telugu could be achieved in Judicial Academy. However, in their wisdom, the respondents again decided to introduce requirements of proficiency in Telugu.

Ultimately, it was held that the impugned provision of the recruitment Rules could not be said to be arbitrary or violative of Article 14 of the Constitution. "The impugned Rules have a rationale behind their introduction and a valid purpose sought to be achieved. Since the decision taken by the respondents is in the province of 'policy decision' for betterment of judicial administration, it cannot be stuck down merely because another view is possible", the High Court observed.

Against the High Court order, the petitioner approached the Supreme Court. 

Case Title: Mohd. Shujath Hussain v. State of Telangana and Others | Diary No. 15801-2025