Gujarat High Court Rejects 35-Year-Old Candidate's Plea For Age Relaxation To Participate In Civil Judges Recruitment Process

The Gujarat High Court refused to grant further age limit relaxation to a 35-year-old candidate who had applied in the civil judges recruitment process, noting that the same was not provided for in the Gujarat State Judicial Services Rules, 2005.

The court was examining whether the candidate could have been granted the relaxation who claimed to be within the age limit on the first day of filing of application form, but exceeded the age limit on the last date of submission of the form.

Justice Nirzar S. Desai observed, “A comparison of the Rules of 2005 with PSC Rules, which was the subject matter of consideration before the Hon'ble Apex Court, would indicate that, Second Proviso to PSC Rules provided for age relaxation for recruitment to the post of Civil Judge (JD), however, there is no such provision available under Rules of 2005, which would provide further age relaxation, than, what is provided under Clause-3 of the advertisement in question. Therefore, the plea of the petitioner to permit her to participate in the recruitment process by granting her relaxation in age cannot be acceded to.”

The petitioner-candidate moved the High Court seeking age relaxation for participating in the process of recruitment for the post of Civil Judge pursuant to the advertisement. She said that she met the upper age limit i.e., 35 years, "on the first day of online applications" but exceeded the upper age limit on the last date of submission of online application form.

The Counsel appearing for the petitioner contended that she belongs to the General Category and met the upper age limit on the first day of the application but exceeded on the last day, making her ineligible to apply for the post of Civil Judge as per the advertisement.

He argued that the advertisement is same in consonance with the guidelines of the case in Malik Mazhar Sultan & Another vs U.P. Public Service Commission & Others (2008) and the Gujarat State Judicial Services Rules, 2005. He stated that no recruitment in 2023-24 was undertaken though the vacancies were available and therefore, the petitioner did not get a chance to participate leading to violation of the guidelines issued by the Apex Court. He then urged the Court to allow the petition and permit the petitioner to participate in the recruitment process.

The Counsel appearing for the State contended that the decision relied by the petitioner Malik Mazhar Sultan differs from the one referenced in the advertisement i.e., 'Malik Mazhar Sultan & Another Vs. U.P. Public Service Commission & Others' which is in respect of a January 4, 2007 order passed in case number, i.e. Appeal (Civil) No. 1867 of 2006.

He then submitted that the decision referred to by petitioners mentions Rule 10 that allows age relaxation which not the case on hand as there is no such provision in the Gujarat State Judicial Servies Rules, 2005 which provides for relaxation in age therefore, the petition is required to be dismissed as it is the prerogative of the recruiting body to determine qualification which is to be possessed by a candidate for the post of civil judge.

Findings

The Court noted that the advertisement stated that as of last date of application, the General Category candidates must not exceed 35 years; the age limit for the SC, ST, SEBC, PwBD and EWS candidate must not exceed 38 years; and the employees working in the Court or allied department to receive relaxation of up to 5 years or their years of service, whichever is less but the upper age limit is not to exceed 40 years.

The Court then dwelled into Rule (2)(c) of the Gujarat State Judicial Services Rules, 2005, which states that General Category candidates must not exceed 35 years, and SC/ST candidates must not exceed 38 years by the last application date.

The court also referred to Malik Mazhar Sultan & Another Vs. U.P. Public Service Commission & Others', reported in (2008) 17 SCC 703, where Supreme Court had considered Rule 10 of PSC Rules which states that a candidate for direct recruitment to the service must have attained the 22 years and must not have attained the age of more than 35 years on the first day of July next following the year in which the notification for holding the examination by the Commission inviting Applications, is published.

Proviso to this rule states that, "Provide that the upper age limit shall be higher by five years in the case of candidates belonging to Scheduled Castes, Scheduled Tribes and such other categories as may be notified by the Government from time to time"

The High court then said that such a relaxation has not been provided under the state judicial services rules. 

It further said, “Insofar as, the second submission made by learned Advocate, Mr. Chauhan, that the advertisement in question itself refers to the decision of the Hon'ble Apex Court in the case of 'Malik Mazhar Sultan & Another Vs. U.P. Public Service Commission & Others', reported in (2008) 17 SCC 703 is concerned, as the petitioner has not challenged Rules of 2005, this argument cannot be acceded.”

The court thus dismissed the plea. 

Case Title: Bhavini Nagendrasinh Chauhan vs High Court of Gujarat & Anr.

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