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Delhi High Court Defers DHJS Examination, 2022; Grants Interim Relief In Plea Challenging Minimum Age Criteria 

Nupur Thapliyal
6 March 2022 5:05 PM GMT
Delhi High Court Defers DHJS Examination, 2022; Grants Interim Relief In Plea Challenging Minimum Age Criteria 
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Granting interim relief in a petition challenging the minimum age limit of 35 years for appearing in the Delhi Higher Judicial Services Exam (DHJS), 2022, the High Court on Friday deferred the said examination which was scheduled for 20th March by four weeks. A division bench headed by Justice Manmohan sought response of the High Court through its Registrar and Department of Law and...

Granting interim relief in a petition challenging the minimum age limit of 35 years for appearing in the Delhi Higher Judicial Services Exam (DHJS), 2022, the High Court on Friday deferred the said examination which was scheduled for 20th March by four weeks. 

A division bench headed by Justice Manmohan sought response of the High Court through its Registrar and Department of Law and Justice of the Delhi Government while posting the matter for further hearing on April 7. 

The last date of filling of the Online Application form for the examination was schedule for March 12 whereas the date of the Preliminary Exam was scheduled as March 20.

"However, this Court is of the view that since the minimum age limit has been re-introduced after a hiatus of two years, the matters require consideration. Let the counter affidavits be filed by the respondents within two weeks. Rejoinder affidavits, if any, be filed before the next date of hearing. List on 07th April, 2022," the Court ordered.

It added "The respondents are directed to extend the date for filling up the online application form beyond the next date of hearing."

The petition has been filed on behalf of two advocates namely Nisha Tomar and Mohit Gupta, aspirants for Delhi Higher Judicial Services 2022 however, have been rendered ineligible for want of completion of 35 years of age on the date of reckoning, i.e. January 1, 2022.

The plea filed through Advocates Addtya Kapoor, Manika Goswamy, Medha Tandon, Kushal Kumar, Harsh Ahuja and Akashdeep Gupta seeks quashing of the impugned notification dated February 8, 2022 amending the Delhi Higher Judicial Service Rules, 1970 introducing Rule 9(3) and subsequent advertisement dated February 23, 2022 issued by the Respondents authorities.

The petitioners are aggrieved by the Impugned Notification whereby the minimum age limit for appearing in the Delhi Higher Judicial Services Exam from the Bar has been introduced by amending the earlier recruitment Rules.

"The aforesaid fixation of lower age limit is violative of the right to equality enshrined under Article 14, 19 and 21 of the Constitution of India," the plea states.

The petitioners were represented by Senior Advocates A S Chandiok and Mohit Mathur. 

The plea avers that the denial of an opportunity based on age is bad in the eyes of Jaw and 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.

"There is a doctrine of legitimate expectation of candidates / aspirants that the lower age limit for exam of Delhi Higher Judicial Services Exam will not be reintroduced in 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. Accordingly, the Impugned Notification and subsequent advertisement are liable to quashed / struck down," the plea adds.

Title: NISHA TOMAR & ANR v. HIGH COURT OF DELHI & ORS.

Click Here To Read Order 


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