The Delhi High Court has deferred the Delhi Higher Judicial Services Exam (DHJS), 2022 in granting interim relief in a petition challenging the minimum age limit of 35 years.
The exam which was scheduled for 20th March has been delayed now by four weeks.
The Division Bench comprising of Justice Manmohan and Justice Sudhir Kumar Jain has sought response of the High Court through its Registrar and Department of Law and Justice of the Delhi Government as Notices has been issued as per pleadings in the petition.
The plea is filed on behalf of two Advocates, Nisha Tomar and Mohit Gupta who are aspirants for Delhi Higher Judicial Services 2022 challenges rules of criterion of minimum age limit 35 years which have reintroduced after getting removed in 2019.
The petitioners have been rendered ineligible for want of completion of 35 years of age on the date of reckoning for Delhi Higher Judicial Services 2022.
Learned Senior Counsel for the Petitioners stated that fixation of minimum age limit is violative of the Right to Equality enshrined under Articles 14, 19 and 21 of the Constitution of India. They submitted that there is lack of intelligible differentia behind the impugned notification and the impugned notification is not only contrary to the practice being followed by other States, but it also curtails the rights of aspiring candidates from the Bar of a fair opportunity of participation.
It was submitted that Article 233 of the Constitution stipulates that the only qualification required for being appointed as a District Judge is continuous practice of seven years as an advocate or a pleader. They emphasise that even the Constitution of India does not prescribe a minimum age limit for appointment as a District Judge.
It was argued that the impugned notification violates the legitimate expectation of the Petitioners and all other similarly placed aspirants who have been preparing for Delhi Higher Judicial Service Examination for the last two to three years.
The Court was of the view that since the minimum age limit has been re-introduced after a hiatus of two years, the matters require consideration. Counter affidavits to be filed by the respondents within two weeks and Rejoinder affidavits, if any, be filed before the next date of hearing.
The matter to come up for next hearing on 7th April.
Read Order Here:
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