Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judicial Service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Judicial Service - A.P. State Judicial Services - Appointment - To the post of District and Sessions Judge (Entry Level) - Eligibility - Absence of minimum age qualification - Effect - Appellant, though included in select list, not appointed as he had not completed 35 years of age at the time when the advertisement inviting applications for the post in question had been published - Justification - Held: Not justified - In the instant case, the relevant Rules provide only for the maximum age limit but do not say anything with regard to the minimum age of a candidate to be selected to the post in question - Though Justice Shetty Commission had expressed its view in its report that only after completion of 35 years of age, a person should be appointed as a District E and Sessions Judge but the said recommendation has not been incorporated in the Rules framed by the High Court for giving appointment to the post in question - In the . circumstances, the appellant, who had not completed 35 years of age at the relevant time could not have been denied F appointment to the post in question simply because of his being under age as per the recommendations of the Justice Shetty Commission especially when there is no provision in the Rules that a candidate must have completed 35 years of age for being appointed to the post of a District and Sessions Judge - High Court erred in giving undue weightage to recommendations made by the Justice Shetty Commission, especially when the Rules did not provide for any minimum age for appointment to the post in question - Moreover, even Article 233 of the Constitution is also silent about the minimum age for being appointed as a District judge - Andhra Pradesh State Judicial Service Rules, 2007 - Clause V - Constitution of India, 1950 - Article 233. |
Judge | Hon'ble Mr. Justice Anil R. Dave |
Neutral Citation | 2013 INSC 805 |
Petitioner | Sasidhar Reddy Sura |
Respondent | The State Of Andhra Pradesh & Ors. |
SCR | [2013] 12 S.C.R. 985 |
Judgement Date | 2013-12-05 |
Case Number | 10836 |
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