Lower age limit to appear for District Judges Exam challenged in Madras HC

A plea has been moved in the Madras High Court challenging the lower age limit of 35 years for eligibility to write the District Judges exam (Entry Level) in Tamil Nadu..Former National Law School of India University, Bangalore graduate S Nandhivaram has filed the plea, contesting the constitutionality of 2017 amendments made to the Tamil Nadu Judicial Service (Cadre and Recruitment) Rules, 2007, which introduced the lower age limit..A notification issued in January 2019 had also mandated that the candidate should have attained the age of 35 years in order to apply online for the District Judges exam. Nandhivaram contends that the same violates Articles 14, 19, 233 (2), 233A and 233(4) of the Constitution of India. .His petition points out that the basic criteria to become eligible for the post of District Judge is that the advocate or pleader should have at least 7 years of legal practice. This is laid down in Article 233 (2) of the Constitution..However, with the introduction of the 2017 amendment, even those with seven years of legal practice are prevented from applying for the post if they have not attained 35 years of age. Whereas Nandhivaram has eight years of legal practice, he is not eligible to write the District Judges’ exam as per the 2017 amendment, because he is 34 years of age..No such impediment existed in the previous years. Under the 2007 Rules prior to the 2017 amendment, no lower limit was fixed. Rather, the provision only laid down an upper age limit as regards the eligibility to write the District Judges exam..Nandhivaram also argues that those who have joined the profession late or may have had year backs during their educational years would now receive an undue advantage owing to the 2017 amendment, even if they have fewer years of legal practice. As noted in his petition,.“…. the amendment promotes those who did not study law primarily or studied at a later age after various other avocations best known to them by virtue of age are welcomed to apply…whereas as those who study Law in 10+2+5 [integrated law degree holders] format or 10+2+3+3 format and had been only devoted to this profession are prejudiced as the G.O.M.s, 877, Home [Courts-1] dated 24th November 2017 impugned herein indirectly makes a cap of 12 years of practice for those who studied under 10+2+5 scheme (Assuming a candidate joins the court BABL at 17 years) and a cap of 11 years for those who studied under the 10+2+3+3 scheme (assuming a candidate joined BL at 21 years).”.Therefore, Nandhivaram has prayed that the 2017 amendment and the 2019 notification issued under it be quashed as unconstitutional..It has also been prayed that the petitioner be allowed to appear for the District Judges exam, pending the outcome of the writ petition..Read the petition: