LI Network
Published on: January 17, 2024 at 18:00 IST
In a recent development, the Patna High Court has dismissed a writ petition filed by a lawyer, Shahjahan, who sought upper age limit relaxation for the 2023 District Judge recruitment examination.
The Court emphasized that a delay in the issuance of the recruitment advertisement does not automatically grant the right or legitimate expectation for individuals to seek relaxation in the prescribed upper age limit for the preliminary examination.
Shahjahan had urged the court to quash paragraph no. 3 of Advertisement No. BSJS/1/2023, arguing that the cutoff date for determining the maximum age limit (01.01.2023) should be revised to 01.01.2022.
He based this request on the absence of a recruitment advertisement in 2022, suggesting that those eligible in 2022 should be allowed to participate in the 2023 recruitment.
The division bench, comprising Chief Justice K. Vinod Chandran and Justice Rajiv Roy, highlighted that the petitioner had participated in the 2021 examination but did not succeed.
The Court noted that the petitioner failed to demonstrate any arbitrariness in the advertisement and stressed that policy decisions, including age and qualification criteria, are beyond interference.
The Court cited legal precedents, such as Sasidhar Reddy Sura vs. The State of Andhra Pradesh and Dr. Ami Lal Bhatt vs. State of Rajasthan, to underscore that a delay in the advertisement does not establish a right or legitimate expectation for age limit relaxation.
Despite holding an LLB degree and being enrolled with the Bihar State Bar Council since 2001, Shahjahan’s plea was dismissed as the court found no merit in his argument.
The verdict reaffirms the principle that delay in advertisement issuance alone does not entitle individuals to seek relaxation in age limits for preliminary examinations.
Case Title: Shahjahan v High Court of Patna.