MARYADA SHARMA Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) THE petitioner, an aspirant to partake in the selection process initiated by advertisement dt. 25.11.2013, issued by the Rajasthan High Court, Jodhpur, seeks to invoke the writ jurisdiction of this Court to annul Rule 17 of the Rajasthan Judicial Service Rules, 2010 (for short, hereafter referred to as 'the Rules') (amended), as ultra vires for stipulating the minimum age of eligibility to be 23 years, instead of 21 years, or no age. An appropriate, writ, order or direction has been sought for to modify Clause 8 of the aforestated advertisement to reduce the minimum age of eligibility to 21 years, or no age as on 01.01.2014 and also to allow the petitioner to appear in the examination to be held pursuant thereto. Heard Mr. Gaurav Gupta, the learned counsel for the petitioner.

(2.) THE pleaded case of the petitioner, in brief, is that she has passed the B.A., L.L.B. (Hons.) Five Years Integrated Course from Chankya National Law University, Patna securing 65.28%. As in terms of Clause 8 of the advertisement dt. 25.11.2013, issued by the Rajasthan High Court, Jodhpur, initiating a process for recruitment to the Civil Judge cadre of the Rajasthan Judicial Service (for short, hereafter referred to as 'the service'), she is under aged, she seeks the above reliefs. She has averred as well that in Madhya Pradesh High Court, Jabalpur and Punjab & Haryana High Court, the minimum age for recruitment to the said cadre is 21 years and in the High Court of Delhi, there is no such prescription of minimum age. The learned counsel for the petitioner has reiterated above to impeach the validity of Rule 17 of the Rules.

(3.) RULE 17 of the Rules prescribes age limits of the candidates of various categories for direct recruitment to the cadre of Civil Judge, which, for ready reference, is extracted herein below: -