Plea in Delhi HC challenging minimum age limit for appearing in Delhi Higher Judicial Services Exam
Mar 01, 2022
New Delhi [India], March 1 : A Petition has been moved in Delhi High Court challenging notification issued in regards to the minimum age limit for appearing in the Delhi Higher Judicial Services Exam from introduced by amending the earlier recruitment Rules.
The Petitioners Nisha Tomar and Mohit Gupta, both aspirants for Delhi Higher Judicial Services 2022, seeking to quash the impugned notification dated 08.02.2022 amending the Delhi Higher Judicial Service Rules, 1970 introducing Rule 9(3) issued by the Department of Law, Justice & Legislative Affairs (Government of Delhi) and Delhi High Court
The last date of filling the Online Application Form is 12.03.2022 and Preliminary Exam is scheduled on 20.03.2022.
The Petition moved through advocates Aditya Kapoor, Manika Goswamy, Medha Tandon, Kushal Kumar, Harsh Ahuja and Akash Dep Gupta of Erudite Legal law firm states that Article 233 of the Constitution of India demonstrates that the qualification for being appointed as a district judge is practice as an advocate or pleader of not less than seven years and if recommended by the High Court.
The Petitioners hold more than 8 years of established practice and thus are fully qualified as per the provisions of Article 233. Hence, the denial of an opportunity based on age is bad in the eyes of law.
Lawyers further state that the provisions of the Constitution nowhere stipulate the minimum age as 35 years for the purpose of appointment on the post of district judge. Earlier the lower age limit of 35 years was removed from the Rules of Delhi Higher Judicial Service Exam in the year 2019, and the exam was also advertised in the year 2019 without any lower age limit for Delhi Higher Judicial Services.
The result of the same was declared in June 2021, whereby only 4 candidates were declared qualified and also recommended for appointment to Delhi Higher Judicial Services. But by way of amendment Impugned notification, the lower age limit of 35 years has been reintroduced in Delhi Higher Judicial Service Rules. It is submitted that the vacancies meant for Direct recruitment quota are not getting filled up for want of suitable candidates and accordingly, are lying vacant.
The stipulation of a lower age limit by the Respondents does not have any reasonable nexus with the object to be achieved. There is a doctrine of legitimate expectation of candidates/aspirants that the lower age limit for the exam of Delhi Higher Judicial Services Exam will not be reintroduced in an arbitrary manner especially when very recently the lower age limit was removed and also candidates appointed in previous exam, were all of this age group, plea read.
