SAPNA SAWHNEY SRIVASTAVA Vs. HIGH COURT OF DELHI

JUDGEMENT

(1.) These petitions are directed against the proposed amendment to Rule 14 of the Delhi Judicial Service Rules, 1970 (hereinafter referred to as 'the said Rules'). The challenge arises in the context of the public notice issued by the Delhi High Court which appeared in the newspapers on 26.10.2009 and the corrigendum issued by the Delhi High Court on 19.11.2009.

(2.) By virtue of the public notice dated 26.10.2009, it was notified that the Delhi Judicial Service Preliminary Examination (Objective Type) would be held on 31.01.2010. Application forms could be obtained by the prospective candidates on any working day from 03.11.2009 to 30.11.2009 and the same could be submitted upto 01.12.2009. One of the eligibility conditions to appear in the examination was that the candidate should not be more than 30 years of age as on 01.01.2011, i.e., on the first day of January following the date of commencement of the examination. Of course, in the case of Scheduled Caste and the Scheduled Tribe candidates, the upper age limit was relaxed by five years. But, we are not concerned with such candidates in the present petitions.

(3.) The said public notice dated 26.10.2009 came to be challenged by way of several writ petitions filed by some other persons (i.e., other than the petitioners herein). A representation had also been filed before the Delhi High Court which was considered by the Full Court on the administrative side on 13.11.2009 and it was resolved that Rule 14(c) of the said Rules be amended to incorporate in its place Rule 14(c) as existing prior to the amendment vide notification dated 07.10.2008, so as to read as under:-