Delhi High Court Issues Notice On Plea Challenging 'Age Criteria' For Appointment Of DMRC Managing Director

The Delhi High Court today issued notice on a PIL filed by Advocate Aswhini Kumar Upadhyay, challenging the age criteria for appointment of Managing Director of the Delhi Metro Rail Corporation.

The Division Bench of Chief Justice DN Patel and Justice Neena Bansal Krishna, has fixed the case for hearing on April 29.

The plea primarily challenges a notification dated February 10, 2022, issued by the Delhi government, inviting candidates for post of the Managing Director-DMRC. It is alleged that the advertisement has many discrepancies. For instance:

The maximum age to apply for the post is 60 years for the Delhi Metro employees. However, for external candidates, i.e., employees of other metro companies such as Lucknow Metro, Chennai Metro, Mumbai Metro, etc., the upper age limit is 58 years.

It is contended that such a stipulation is manifestly arbitrary, given that all these organizations are also administered under the Ministry of Housing and Urban Development in similar Joint Venture configuration with respective States as the Delhi Metro.

"Impugned Notification considers only employee of Delhi Metro as internal candidate not the employees of Lucknow Metro, Chennai Metro, Mumbai Metro, Bangalore Metro, Kochi Metro, etc., Therefore, the notification is manifestly arbitrary irrational unfair and violates Articles 14, 16 and 21 of the Constitution," the plea states.

It is further pointed out that the DMRC had issued two other notifications recently for similar board level posts-Director Finance and Director Operation. But those notifications had no such age discrimination.

Thus, it is contended that the State government has changed the norms in impugned notification to appoint a particular person as Managing Director of the DMRC.

"State Government extended the tenure of the present Managing Director four times under the garb of non-availability of suitable candidate but suddenly reduced the maximum age for applicants from other Metro such as Lucknow Metro Chennai Metro etc where candidates with desired skills are working at senior positions and could be potential applicants," the plea adds.

Relying on the Supreme Court's judgment in Post Graduate Institute of Medical Education and Research (1998 4 SCC 1), it is contended that there can't be any reservation and discrimination in age limit when applying for a "solitary and extremely specialized post" like Managing Director and Chief Operating Officer.

Case Title: Ashwini Kumar Upadhyay v. GNCTD & Ors.