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

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 application is tomorrow (March 12) and if the last date is extended, it will lead to administrative difficulties.

Background

The Bench was considering the following two special leave petitions filed by the High Court of Delhi:

• Petition challenging Order dated March 4 deferring the Delhi Higher Judicial Services Exam (DHJS), 2022 examination which was scheduled for 20th March. The order extended the last date of application beyond April 7. The order was passed in a petition by Nisha Tomar challenging minimum age limit of 35 years for appearing in DHJS.
• Petition challenging Order dated March 8 postponing the Delhi Judicial Service Examination 2022, and rescheduling date for receiving applications. The impugned order was passed in a plea by practicing advocate Devina Sharma challenging the upper age limit of 32 years for appearing in the exam. 

Petition for Relaxation in Upper Age Limit Of Delhi Judicial Service Examination 2022:

The petitioner sought relaxation in the upper age limit for the exam before the High Court. While the last date of submission of application was March 20, the preliminary exam was scheduled for March 27.

"The date of receiving applications shall be rescheduled to a date after the next date of hearing. Accordingly, the date of holding the exam shall also be postponed," the Bench ordered while listing the matter for further hearing on April 7.

It was the case of the petitioner that since she was born in April 1989, she was not eligible to apply for the DJS examination for the reason of being beyond the upper age limit of 32 years as on January 1, 2022. Therefore, relaxation in the upper age limit was sought owing to the delay in conducting examination amid Covid-19.

Petition challenging minimum age limit of 35 years in the Delhi Higher Judicial Services Exam:

The petition before the High Court 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 petitioners sought 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.

A Division Bench led by Justice Manmohan observed in the order passed on March 4 as follows :

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

Case Title: High Court of Delhi vs Devina Sharma, High Court of Delhi v Nisha Tomar