Delhi Higher Judicial Services Exam 2022: Advocates Move High Court Challenging 'Maximum Age' Criteria, Hearing Tomorrow

Nine lawyers have moved the Delhi High Court challenging the maximum age criteria of 45 years (as on January 1, 2022) for applying and appearing in the Delhi Higher Judicial Services Examination 2022.

The plea filed through Advocates Addtya Kapoor, Manika Goswamy, Medha Tandon, Kushal Kumar, Harsh Ahuja and Akash Dep Gupta is slated to be heard tomorrow.

While the last date of filling of the Online Application Form for the exam was March 12, 2022, the Preliminary Exam was scheduled on March 20, 2022. However, a division bench headed by Justice Manmohan earlier this month deferred the said examination till April 7 in a petition challenging the minimum age limit of 35 years for appearing in the exam.

Delhi High Court Defers DHJS Examination, 2022; Grants Interim Relief In Plea Challenging Minimum Age Criteria 

The instant plea seeks appropriate amendments in the Delhi Higher Judicial Services Rules, 1970 and subsequent Advertisement dated February 23, 2022 issued by the Respondents wherein the maximum age of 45 years as on January 1, 2022 was provided as an eligibility criteria for applying and appearing for the exam.

"The Petitioners are enrolled as Advocates with practice of almost two decades on the Bar and are aspirants for Delhi Higher Judicial Services 2022 however, the Petitioners have been rendered ineligible due to the date of reckoning being 01.01.2022. The Petitioners possess all other necessary qualifications as prescribed for appearing in Delhi Higher Judicial Services Exam," the plea states.

The plea avers that in the last exam being Delhi Higher Judicial Services Exam- 2019, the applications were invited with the cut-off date being January 1, 2019 and that only 4 candidates were declared qualified in the results declared in June last year.

In this backdrop, the plea reads:

"Accordingly, the vacancies meant for Direct recruitment quota are not getting filled up for want of suitable candidates and accordingly, are lying vacant. Therefore, the stipulation of upper age limit by the Respondents does not have any reasonable nexus with the object to be achieved. Further, the fixation of the upper age limit is arbitrary as in some States the upper age is higher than 45 years."

The plea further states that a bare perusal of Article 233 demonstrates that the qualification for being appointed as a district judge is practice as an advocate or pleader of not less than seven years and is recommended by the High Court.

It avers that the Petitioners hold almost two decades of established practice and thus are fully qualified as per the provisions of Article 233.

"Hence, the denial of an opportunity based on age is bad in the eyes of Law. The provisions of the Constitution nowhere stipulate the maximum age as 45 years for the purpose of appointment on the post of district judge," the plea states.

It adds "In addition to that the cut-off date being 01.01.2022, deprives the candidates/ aspirants who would have otherwise been eligible if the exams had been conducted in routine in the years 2020 and 2021. This is a great set-back to the rights of the Petitioners and other similarly placed candidates/aspirants from the Bar and highly discriminatory and impedes the rights of candidates from the Bar of a fair opportunity of participation. The Petitioners are suffering due to no fault of theirs who could apply in 2020 if the recruitment was advertised."

Case Title: MOHAMMED EHTESHAM & ORS v. HIGH COURT OF DELHI & ANR.