Case Note & Summary
The petitioner, Vijaya Kumar, applied for the post of District Judge under the Karnataka Judicial Service (Recruitment) Rules, 2004, pursuant to a notification dated 13/04/2017. His application was scrutinized and found valid, and he appeared in the preliminary and written examinations. However, he challenged sub-clause (3) of Rule 5 of the Rules, which prescribes an upper age limit of 35 years for direct recruitment to the post of District Judge, as being ultra vires and violative of Articles 14, 16 and 21 of the Constitution of India. The petitioner argued that the age limit was arbitrary and discriminatory, and that it prevented eligible candidates from applying. The respondents, the State of Karnataka and the High Court of Karnataka, defended the rule as a reasonable classification based on age, which is a valid policy decision for recruitment to the higher judiciary. The court, after hearing arguments, held that fixing an age limit for recruitment is a matter of policy and does not violate the fundamental rights under Articles 14 and 16. The classification based on age is reasonable and has a rational nexus with the object of selecting suitable candidates for the higher judicial service. The court dismissed the writ petition, upholding the validity of Rule 5(3) of the Karnataka Judicial Service (Recruitment) Rules, 2004.
Headnote
A) Constitutional Law - Service Law - Age Limit for Judicial Recruitment - Articles 14, 16, 21 of the Constitution of India - Rule 5(3) of Karnataka Judicial Service (Recruitment) Rules, 2004 - Petitioner challenged the upper age limit of 35 years for direct recruitment as District Judge as arbitrary and discriminatory. Court held that fixing an age limit is a matter of policy and a reasonable classification based on age does not violate Articles 14 and 16. The rule is intra vires and not ultra vires the Constitution. (Paras 1-10) B) Service Law - Recruitment Rules - Validity of Subordinate Legislation - Rule 5(3) of Karnataka Judicial Service (Recruitment) Rules, 2004 - The court examined whether the rule was ultra vires the parent Act or the Constitution. Held that the rule is within the rule-making power and is not arbitrary or discriminatory. The age limit of 35 years is a reasonable restriction for direct recruitment to the higher judicial service. (Paras 2-10)
Issue of Consideration
Whether sub-clause (3) of Rule 5 of the Karnataka Judicial Service (Recruitment) Rules, 2004, prescribing an upper age limit of 35 years for direct recruitment to the post of District Judge, is ultra vires the Constitution of India and violative of Articles 14, 16 and 21.
Final Decision
The writ petition is dismissed. Sub-clause (3) of Rule 5 of the Karnataka Judicial Service (Recruitment) Rules, 2004 is held to be intra vires and not violative of Articles 14, 16 and 21 of the Constitution of India.
Law Points
- Age limit for direct recruitment to judicial service is a reasonable classification
- Rule 5(3) of Karnataka Judicial Service (Recruitment) Rules
- 2004 is intra vires the Constitution
- Articles 14 and 16 permit classification based on age for public employment
