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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Service & Administrative LawSupreme Court of India

High Court of Delhi vs. Devina Sharma

Civil AppealDecided 14 Mar 2022
Civil Appeal No. 2016 of 2022
Dr. Dhananjaya Y. Chandrachud · A.S. Bopanna · Hima Kohli

Background

The Delhi High Court had notified 2022 examinations for the Delhi Judicial Service (DJS, upper age limit 32) and the Delhi Higher Judicial Service (DHJS, minimum age 35, reinstated in February 2022 after being removed in 2019). Candidates challenged these age rules before the High Court, arguing that because no DJS exam was held in 2020 or 2021 (for administrative reasons and the Covid-19 pandemic), candidates who would have qualified under the old age limits in those years were now unfairly barred; a similar grievance was raised for DHJS candidates affected by the reinstated 35-year minimum. The High Court's interim orders effectively postponed both examinations, and the High Court itself came to the Supreme Court challenging those interim orders while also proposing a one-time fix.

Decision Breakdown

The Supreme Court rejected the constitutional challenge to a minimum age requirement for the Higher Judicial Service, holding that Article 233 of the Constitution only fixes eligibility (seven years as an advocate/pleader) and does not bar High Courts from separately prescribing age criteria as a matter of policy: a position consistent with the Shetty Commission's recommendations and prior precedent. However, taking a practical, equitable approach, the Court accepted the High Court's own suggestion to allow, as a one-time measure, candidates who would have qualified under the age limits applicable in 2020 and 2021 (years when no exam was held) to now sit for the 2022 DJS and DHJS examinations, with revised application and exam dates fixed by the Court itself.

Lesson Learnt

Courts can prescribe minimum or maximum age limits for judicial service recruitment as a matter of policy without violating Article 233, but where a pandemic or administrative lapse causes exams to be skipped for years, courts will look for a fair, one-time accommodation for candidates who lost their eligibility window through no fault of their own.

High Court of Delhi vs. Devina Sharma – Legal Case Shots | LegalAware