The Telangana High Court has dismissed a petition challenging the requirement of three years of active practice in criminal courts for candidates seeking appointment as Assistant Public Prosecutors (APPs) in the State.
A Bench of Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin held that it is within the authority of the employer to prescribe both educational qualifications and practical experience for recruitment. The Court emphasised that the purpose of the rule is to ensure that candidates are conversant with criminal law practice, which is essential for assisting the functioning of criminal courts.
“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,” Chief Justice Singh remarked.
The Petition
The plea filed by Kappera Rajesh had challenged Rule 5 of the Telangana State Prosecution Rules, 1992, which mandates at least three years of active criminal law practice. It also questioned the August 15 recruitment notification issued by the State, alleging that the criterion was arbitrary and unconstitutional.
Rajesh’s counsel argued that there was no verification mechanism to ensure genuine experience and contended that the rule violated Article 14 (right to equality) and Article 16 (equal employment opportunity) of the Constitution. He further highlighted that young lawyers could lose opportunities since APP recruitment notifications are issued infrequently—the last being in 2021.
The Court’s Findings
The Bench rejected these arguments, noting that verifying the authenticity of certificates is a matter of administrative scrutiny and not a constitutional violation. It added that false claims of experience can be checked, and in some cases, candidature has been cancelled for producing certificates from non-practising advocates.
The Court also refused to intervene on grounds of equity, clarifying that the need for experienced lawyers in criminal law practice outweighs concerns about delay in recruitment cycles.
Outcome
The petition was dismissed, with the Court upholding the three-year practice requirement for APP appointments, reinforcing the State’s discretion in framing rules that ensure competent candidates enter prosecution service.
Case Title: Kappera Rajesh v. State of Telangana
Attention all law students!
Are you tired of missing out on internship, job opportunities and law notes?
Well, fear no more! With 2+ lakhs students already on board, you don’t want to be left behind. Be a part of the biggest legal community around!
Join our WhatsApp Groups (Click Here) and Telegram Channel (Click Here) and get instant notifications.