BREAKING| DJSE & DHJSE 2022 : Supreme Court Relaxes Upper-Age Limit For Age-Barred Candidates Who Were Eligible In 2020 & 2021; Upholds Minimum Age Criteria Of 35 Years For DHJS

The Supreme Court on Monday relaxed the upper-age limit of 32 years for the Delhi Judicial Service Examinations (DJSE) and 45 years for the Delhi Higher Judicial Service Examinations (DHJSE) of 2022 for those candidates, who were eligible in 2020 and 2021 but have become age-barred this year.The Court granted the relaxation for the 2022 recruitments taking into account the fact that exams were not held in 2020 and 2021 due to institutional reasons and COVID-19 pandemic respectively. The last exams were held in 2019. The Delhi High Court also agreed to grant this relaxation with respect to upper-age limit for such candidates.Although only the issue of upper-age limit for DJS was before the Court, it invoked the powers under Article 142 of the Constitution to extend similar upper-age limit relaxation for DHJSE as well, observing that the same principle must apply to both the exams. The Court clarified that the age-relaxation is given as a "one-time measure" for 2022 having regard to the extraordinary circumstances.DHJSE minimum age limit upheldAt the same time, the Court upheld the minimum age criteria of 35 years for applying for DHJSE, observing that it was a policy matter. The Court referred to the 2018 judgment in the case Hirandra Kumar vs High Court of Judicature at Allahabad, which upheld the 35 year old minimum age limit and 45 year old upper age limit prescribed by the Rules of the Allahabad High Court for participating in Higher Judicial Service selection in Uttar Pradesh. The Supreme Court dismissed the petitions in High Court challenging the DHJSE minimum age criteria after transferring them to itself.Exams postponedIn view of the relaxation for upper-age limit, the Supreme Court has deferred the DHJSE and DJS exams. For DJS, the last date for applications has been extended to April 3 and the exams have been postponed to April 24. For DHJSE, the last date of application has been extended to March 26 and exam date has been postponed to April 3. The High Court agreed to postpone the last date for applications and reschedule the exams accordingly. A notification in that regard will be issued."We direct no impediment shall be caused in conduct of exams and no order of stay shall be ordered by any other court in variance of this order", the Court directed.A Bench comprising the Justice DY Chandrachud, 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.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.Delhi Judicial Service Exam (DJSE)In a relaxation to the upper-age criteria of 32 years for the Delhi Judicial Service Examinations, the Delhi High Court on Monday agreed to allow candidates, who were eligible in 2020 and 2021 (when exams were not held) to participate in the present exam despite crossing the upper-age limit. "As far as people who have crossed age limit due to Covid, we'll permit people who'd have otherwise been eligible in 2021", Senior Advocate ADN Rao, appearing for the Delhi High Court, told the Supreme Court. "Are you suggesting upper age limit of 32 be relaxed so whoever was 32 in 2021 will be eligible?", Justice Chandrachud asked Rao.Senior Advocate Devadatt Kamat, appearing for Devina Sharma (the DJS aspirant who approached the High Court seeking upper-age limit relaxation), submitted that due to COVID, the DJS exam was not held in 2020 and 2021. He clarified that the petitioner is not seeking a postponement of the exam and was only seeking accommodation for her.The bench said that it will be difficult to restrict the relief to the petitioner alone and the relief might have to be extended to all similarly situated persons."We cannot only grant relief to you. We have to give similarly placed persons an equal bite of the cherry", Justice Chandrachud said. Case relating to Delhi Higher Judicial Service Exam (DHJSE)The bench also considered another petition which was filed challenging the order passed by the High Court deferring the DHJSE. As regards DHJSE, the controversy is relating to the minimum age limit criteria of 35 years fixed by the High...

BREAKING| DJSE & DHJSE 2022 : Supreme Court Relaxes Upper-Age Limit For Age-Barred Candidates Who Were Eligible In 2020 & 2021; Upholds Minimum Age Criteria Of 35 Years For DHJS

Srishti Ojha

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