Telangana HC Upholds 3-Year Practice Rule for Assistant Public Prosecutors

The Telangana High Court has upheld the rule that candidates applying for the post of Assistant Public Prosecutor (APP) must have at least three years of active practice in criminal courts.

A Bench of Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin rejected the petition filed by advocate Kappera Rajesh, who had challenged Rule 5 of the Telangana State Prosecution Rules, 1992, and the recruitment notification issued on August 15.

The petitioner argued that the three-year practice condition was arbitrary and unconstitutional since there was no proper mechanism to verify whether a candidate had genuinely gained such experience. He claimed that without verification, the rule could allow candidates to misuse the system while barring young graduates from applying.

The Court, however, held that it was within the employer’s power to fix educational and experience qualifications for recruitment. It stressed that APPs should be lawyers who are familiar with criminal law practice, as the functioning of criminal courts requires trained professionals.

The Bench clarified that the issue of false claims was only a matter of verifying candidates’ credentials and that earlier cases had seen candidature cancelled when fake certificates were discovered.

The petitioner had also contended that since the last APP recruitment was in 2021, many young lawyers would lose opportunities if such criteria continued. The Court did not accept this plea, observing that the system could not allow fresh graduates without courtroom exposure to take up the role of APPs.

Accordingly, the petition was dismissed.