HC Upholds Three-Year Practice Rule for APPs

Hyderabad: A two-judge panel of the Telangana High Court on Friday ruled that it was for the employer to lay down educational as well as experience criteria for recruitment. The panel comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddinn was dealing with a writ plea challenging the condition of having at least three years of active practice as a lawyer in criminal courts for the requirement to the post of assistant public prosecutor (APP). The panel observed that when it came to the appointment of APPs, the idea was to have candidates who are conversant with criminal law practice. Writ petitioner Kappera Rajesh challenged Rule 5 of the Telangana State Prosecution Rules, 1992, insofar as it mandated three years of active practice in criminal courts in the state for being recruited as APP. The petitioner aruged that the recruitment notification issued on August 15 mandating this criterion was unjust and unconstitutional. The petitioner sought a direction that lawyers should be permitted to participate in the forthcoming APP recruitment without insistence on the three years practice criterion. Counsel for the petitioner, Baglekar Akash Kumar, argued that there was no mechanism to ensure that candidates actually have three years of active experience. He pointed out that a candidate who may have passed out of law colleges some years back may claim to have such experience, even though they may have simply spent years going to coaching institutes or reading books at home. He argued that without any verification mechanism, the criterion of three-year experience would violate the right to equality under Article 14 of the Constitution of India and rights to equal employment opportunities under Article 16. It was also pointed out that the last APP recruitment notification was issued in 2021, and the latest notification has come in 2025 and that too after court intervention. The petitioner contended that the next recruitment notification may take years and that young, talented lawyers may lose out on opportunities and may lose interest in pursuing APP recruitment in the meantime. "That’s not an argument that prevails," the panel replied while rejecting the petition. "Functioning of criminal courts requires assistance of a particular nature which rule-making authorities perceive to be minimum experience at the bar… The idea is to introduce people who are conversant with criminal cases, not those who have just passed out from law colleges and straightaway become law officers. The whole system will get affected," the Chief Justice orally observed.

HC hears challenge to tourism department order

Justice Nagesh Bheemapaka of the Telangana High Court admitted a writ plea challenging the termination of the licence and eviction of Haritha Restaurant at Tank Bund. The judge was hearing a writ plea filed by Offhome Hotels and Resorts Tankbund Pvt. Ltd. The petitioner contended that the Telangana Tourism Development Corporation Limited had issued a termination order in July and a consequential eviction order in August, directing them to vacate within 15 days. It was argued that such action, taken without following due process, was arbitrary, illegal and violative of the Constitution. The petitioner further contended that the termination of the registered licence agreement of 2024 deprived it of legitimate returns on investment and sought suspension of the impugned orders and protection of its rights until adjudication. The judge directed the respondents to file their response.

Colleges challenge trade licence demand in HC

Justice B. Vijaysen Reddy of the Telangana High Court will decide a writ plea challenging GHMC’s demand for trade licences from educational institutions. The judge was hearing a writ plea filed by Sri Chaitanya Junior Colleges and others, questioning the validity of notices issued under the GHMC Act, 1955. The petitioners contended that insisting on trade licences for colleges was arbitrary and unconstitutional, as running an educational institution could not be equated with conducting trade or business. The petitioners contended that GHMC had no jurisdiction to impose such a requirement and that the action was contrary to principles laid down by the Supreme Court. The petitioners sought a declaration that educational institutions cannot be subjected to the trade licence regime. The judge ordered notices to the municipal administration and urban development department and other authorities.

HC orders verification of 54-yr-old’s LLB plea

Justice K. Lakshman of the Telangana High Court directed the convener of the TS Lawcet and PGLcet exams to verify the documents of a 54-year-old student seeking admission into the three-year LLB course. The judge was dealing with a writ plea filed by Kemisetti Kishore seeking a direction to allow him to participate in online counselling under the 15 per cent unreserved open quota as provided under the government order of February. The petitioner claimed that despite qualifying in Lawcet, he was denied participation in the counselling. The petitioner contended that though he completed his school education in Guntur and graduated in Kakinada, he was residing in Medchal along with his parents and running a business. He contended that his exclusion from the counselling was illegal, arbitrary and violative of his fundamental rights. The respondents argued that the petitioner must furnish relevant documents, including a certificate from the tahsildar establishing his present residence, before being considered under the 15 per cent quota. The judge observed that if found eligible, the petitioner should be permitted to participate in the counselling and be considered for admission under the 15 per cent unreserved open quota. The judge disposed of the writ plea directing the respondent authorities to consider the representation of the petitioner within one week and pass an appropriate order.