DHJSE 2022 - Not Appropriate To Extend Last Date For Application & Exam : Supreme Court's Prima Facie View On Delhi HC Order

The Supreme Court on Friday made a prima facie observation that it was not appropriate on the part of the Delhi High Court to extend the last date for submitting applications and the date of exams for the Delhi Higher Judicial Service Examination(DHJSE) 2022, having regard to the fact that over 1200 applications have already been received.The Court directed that the petitioners, who have filed writ petitions in the High Court challenging the minimum age criteria for DHJSE, be asked to submit their applications by the originally notified last date, which happens to be March 12(tomorrow). The Court asked Senior Advocate ADN Rao, who appeared for the Delhi High Court, to inform the petitioners before the High Court about the direction of the Court.The Court has listed the matter for final disposal on next Tuesday (March 15)."It is unfortunate that Petitioners before the High Court haven't made attempt to submit their application for the post. They moved High Court seeking relaxation of age. The High Court has while issuing notice directed extending the application date beyond 7th April.In all fairness, taking into consideration of the fact that more than 1200 applications received it was not prima facie appropriate to extend the time limit and extend the exam", the Bench observed in the order passed in the DHJS exam. "Respondents(petitioners before the High Court to be informed by telephone and email that applications must be sent by March 12. List it on Tuesday", the Bench added. A Bench comprising the Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hima Kohli was hearing two special leave petitions filed by the Delhi High Court on its administrative side challenging the orders passed by a division bench on its judicial side postponing the Delhi Judicial Service Examination(DJSE) 2022 and Delhi Higher Judicial Services Exam (DHJSE), 2022.As regards the petition challenging the order passed in DJS case, the Bench posted it along with the DHJS matter on Tuesday. The petitioner in that case was permitted to submit the application.'Very Unfortunate' CJI Ramana remarked at the outset after being informed by Senior Advocate ADN Rao that High Court has postponed the last date of filling the applications, when the Court's battling to fill up vacancies. In the DJS exam case, the bench passed the following order :"Counsel for petitioner(High Court) submits there are more than 5700 candidates who've applied. Taking into consideration time schedule fixed, we feel it's necessary to hear the matter and dispose of the same without creating any confusion & stalling exam process. For time being, we permit the Respondent(candidate) to submit the application & list matter on Tuesday for final disposal including main issued in writ petition. Respondent to file reply by Monday". After the hearing, CJI Ramana told Rao, "You inform the High Court that we are seized of the matter, both the matters".What happened during the hearing?Senior Advocate ADN Rao appearing for the High Court submitted that over 7,000 applications have been received for DHJS and DJS and the High Court has postponed the last date for applications and the exams at the instance of a handful of petitioners.Advocate Devina Sharma, the petitioner in the DJS case, appeared in the person on caveat and submitted that due to pandemic the exams were not held in 2020 and 2021."How can you stall the exam?", the CJI asked her. The CJI also asked her why she did not attend the exam in 2019 despite being qualified to appear for the exam then. "When you had to appear you didn't appear and now suddenly you wake up and say you want to appear", the CJI observed.Sharma replied that she wanted to gain more professional experience as a practising advocate before attempting the judicial exams. She submitted that she does not want to stall the exam and was seeking only a relief to allow her to appear in the matter.Justice Hima Kohli pointed out that there was no confusion in the rules regarding the upper age limit and wondered how it could be altered at the instance of a person. "You were eligible, you took the call not to appear in 2019", Justice Kohli pointed out.Sharma argued that the High Court rules prescribe that the exam should take place once annually. She also pointed out that the Supreme Court has also relaxed the limitation period in view of the pandemic.The bench however expressed disinclination and observed that it could open the floodgates for other claims."Tomorrow someone will come I was building my practice, now I want to appear, so postpone", CJI observed. The CJI also pointed out that in the case of UPSC exam, the Court had turned down a plea seeking extra attempt in view of the pandemic.However, the bench finally chose to postpone the hearing in the DJS case to next Tuesday for further hearing. "She has appeared on caveat. Let her file her reply. We will hear on Tuesday", CJI told ADN Rao.Rao submitted that as far as DHJS, the last date for...

DHJSE 2022 - Not Appropriate To Extend Last Date For Application & Exam : Supreme Court's Prima Facie View On Delhi HC Order

Srishti Ojha

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