Nativity shouldn’t be the basis for the division of judicial officers between AP, TS: Supreme Court    

HYDERABAD: In a setback to the Telangana Judges Association and others, the Supreme Court bench on Wednesday directed the authorities concerned to finalise options of all the judicial officers as per the modified guidelines submitted by the Hyderabad High Court on July 8, 2017 and to complete the process of allocation between Andhra Pradesh and Telangana in the next two months.

“We are of the view that modified guidelines as submitted by the High Court, vide letter dated July 8, 2017, which has been accepted by the Department of Personnel and Training, Government of India, do not suffer from any illegality or error,” the bench noted.

The bench comprising Justice AK Sikri and Justice Ashok Bhushan, passed this order while disposing of the petitions filed by the Telangana Judges Association and others.

Besides, the bench dismissed the appeals filed by the Telangana government as they have become infructuous.

The Andhra Pradesh Judicial Service Rules, 2007 as adopted by the State of Telangana, which was earlier quashed by the High Court, was now substituted by fresh Rules namely the Telangana State Judicial Service Rules, 2017.

All the issues raised in the appeals have become academic and needs no consideration, the bench said.

As for the case, the bifurcation of the lower judiciary by the State-wise strength of combined State of AP, consequent to the Andhra Pradesh Reorganisation Act, 2014, was the issue.

The petitioners contended that since the establishment of AP High Court in 1956, there has been an inadequate representation of Telangana judges in the cadres of junior civil judges, senior civil judges, district judges and even judges of the High Court.

As the new State of Telangana has been formed, permitting the option method in the recruitment process was not in accordance with law, the petitioners argued.

On the other hand, the AP Judicial Officers Association submitted that due weightage to the seniority of the judicial officers be given.

Those officers who had been senior in the combined seniority list, should not be made junior by accepting the petitioners’ contentions, it said.

While the Telangana government submitted that the criterion of domicile was in consonance with the legislative intent and the Constitutional spirit embedded in the principle of territoriality, which is the heart and soul of any State Reorganisation Act.

The case of the High Court was that the recruitment of judicial officers was on all India basis, and the officers from other States, including Karnataka, Odisha, Bihar and Tamil Nadu were also in the service and in the allocation of State, thus nativity or home district declared cannot serve any substantial basis.

After hearing the case and perusing the material on record, the bench said that the basis for Article 371-D was to provide equal opportunity to the people of AP by introducing domicile as the basis for appointment to services and admissions in educational institutions.

However, the said Article has no application in respect of the appointment to the posts of district judges and judges subordinate thereto, in view of the Constitutional scheme of separation of powers and express provisions made by the Constitution, the bench observed.

The bench further said that the nativity for public employment runs counter to the fundamental right guaranteed under Article 16(2) except when it is provided by a Parliamentary Law.

When for entering into judicial service, no condition can be put regarding the residence of a particular area for allocation of a State, consequent to the Act, 2014, nativity cannot be solely the basis, the bench said in its order, while dismissing the appeals.