GAURAV MEHTA Vs. HIGH COURT OF DELHI

JUDGEMENT

(1.) The Petitioners herein in alternative seek modification or amendment of Rule 14 (c) of the Delhi Judicial Services Rules, 1970 (Rules, 1970 for short) fixing the maximum eligibility age limit for candidates to appear in the Delhi Judicial Service Examination, 2014.

(2.) This Court exercising power under Article 226 of the Constitution of India cannot modify or amend recruitment rules, i.e. Recruitment Rules of Delhi Judicial Service. This Court has power of judicial review and can examine constitutional vires of any provision including the Delhi Judicial Services Rules, 1970 while exercising the writ jurisdiction but cannot legislate or rewrite the rule. The alternative prayer therefore made in the writ petition does not require consideration or acceptance.

(3.) The main prayer made in the writ petition is that Rule 14 of the Rules, 1970 is ultra vires and violates fundamental rights of the Petitioners under Article 14 and 19 of the Constitution of India as the petitioners are not eligible to appear in the Delhi Judicial Services Examination, 2014.