Case Note & Summary
The petitioner, Mrs. Mayuri Deshmukh, filed a writ petition under Article 226 of the Constitution challenging the administrative decision of the High Court rejecting her application for the post of Judge – Family Court on the ground that she was less than 35 years of age as on 27/9/2009. The High Court had issued an advertisement on 27/9/2009 inviting applications for 15 existing and 6 probable posts of Judge – Family Court. Clause 2 of the advertisement stipulated that as on 27/9/2009, the applicant must not be less than 35 years of age. The petitioner was born on 10/10/1974 and completed 35 years on 9/10/2009. She submitted her application on 15/10/2009, after completing 35 years, and the last date for submission was 30/10/2009. On 12/4/2010, the High Court published a list of candidates called for written test, which did not include the petitioner's name. Subsequently, a list of rejected applications was published, and the petitioner's application was rejected for reason No.12: 'age of 35 years is not completed'. The petitioner moved the Nagpur Bench, which granted an interim order on 23/4/2010 permitting her to participate in the selection process provisionally, subject to final result. However, the Selection Committee postponed the selection process on 30/4/2010. Later, the petition was transferred to the Principal Bench. The court directed the High Court administration to place the issues before the Selection Committee, which decided not to reduce the minimum age limit. The court considered the issue of whether the petitioner met the age eligibility as on the date of advertisement. The court held that the condition of minimum age must be satisfied as on the date of advertisement, and since the petitioner completed 35 years only after that date, her application was rightly rejected. The petition was dismissed.
Headnote
A) Family Law - Appointment of Family Court Judge - Age Eligibility - Section 6 of the Family Courts Act, 1984 - The advertisement required that as on 27/9/2009 the applicant must not be less than 35 years of age. The petitioner was born on 10/10/1974 and completed 35 years on 9/10/2009, after the date of advertisement but before the last date of submission. The court held that the condition of minimum age must be satisfied as on the date of advertisement, and not on the last date of application, and dismissed the petition. (Paras 1-3)
Issue of Consideration
Whether the petitioner, who completed 35 years of age after the date of advertisement but before the last date of submission of application, was eligible for the post of Judge – Family Court when the advertisement required that the applicant must not be less than 35 years of age as on the date of advertisement.
Final Decision
The petition is dismissed. The rejection of the petitioner's application for the post of Judge – Family Court is upheld.
Law Points
- Age eligibility
- minimum age requirement
- date of advertisement
- completed years
- Family Courts Act
- 1984
- Section 6
- Article 226
- interpretation of age condition
- selection process
