Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | DJS Judiciary Upper age limit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Judiciary: Upper age limit of 32 years appearing for Delhi judicial Service (DJS) examination and minimum age requirement of 35 years for appearing for the Delhi Higher Judicial Service (DHJS) examination – Validity of, challenged – Held: In regard to the DJS examination 2022 – The High Court conducted the last examination for recruitment to the DJS in 2019 – No examination was held in 2020 for institutional reasons and in 2021 due to the onset of the Covid-19 pandemic – Suggestions of the High Court were accepted that candidates who would have fulfilled the upper age limit of 32 years for years 2020 and 2021, would be eligible to participate in the examination for the ensuing year 2022 – Hence, the last date of receipt of applications forms were extended and new date of examination were announced – In regard to DHJS examination – Clause (1) of Art.233 stipulates that appointments of persons, posting and promotion of District Judges shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to the State – The Constitution has prescribed the requirement to the effect that a person shall be eligible for appointment as a District Judge only if he has been an advocate or a pleader for at least seven years – What this means is that a person who has not fulfilled the seven year norm is not eligible – The Constitution does not preclude the exercise of the rule making power by the High Courts to regulate the conditions of service or appointment – The Constitution being silent in regard to the prescription of a minimum age, the High Courts in the exercise of their rule making authority are entitled to prescribe such a requirement – The post of a District Judge is at a senior level in the cadre – Age is not extraneous to the acquisition of maturity and experience, especially in judicial institutions which handle real problems and confront challenges to liberty and justice – The requirement that a candidate should be at least 35 years of age is intended to sub-serve this – Hence, there is no valid basis to hold that the requirement that a candidate for the DHJS should be at least 35 years of age is invalid – On a parity of reasoning given in regard to DJS examination, permission given to candidates to appear in 2022 examination who would have qualified in terms of upper age limit of 45 years during the recruitment years 2020 and 2021 during which no examinations were held. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 304 |
Petitioner | High Court Of Delhi |
Respondent | Devina Sharma |
SCR | [2022] 2 S.C.R. 513 |
Judgement Date | 2022-03-14 |
Case Number | 2016 |
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