Court Denies Plea for Relaxation in Age Limit; Dismisses Petition Challenging DHJS Exam Notification
In a significant decision, the Delhi High Court has dismissed a petition challenging the upper age limit prescribed for the Delhi Higher Judicial Services (DHJS) Examination, 2026. The Division Bench, comprising Justices V. Kameswar Rao and Manmeet Pritam Singh Arora, ruled against the petitioner, Ajay Kumar Sharma, who sought relaxation in the age criteria following the non-conduct of the DHJS Examination in 2025.
The petitioner argued that the amended Rule 9(5) of the Delhi Higher Judicial Service Rules, 1970, which sets the upper age limit at 45 years as of the last date of application, unfairly excluded candidates who would have been eligible had the examination been held in 2025. Sharma, who was born on October 3, 1980, contended that he was eligible for the DHJS Exam-2025, and the amendment in the rules post the Supreme Court judgment in Rejanish K.V. (2025) resulted in his exclusion from the 2026 exam.
The petition also sought bifurcation of vacancies from 2025 and 2026, arguing that vacancies arising after December 1, 2025, should be treated separately. However, the court observed that the 2026 notification, issued on July 1, 2026, included vacancies up to June 2027 and did not suffer from any illegality or arbitrariness.
The respondents, represented by the High Court of Delhi through the Registrar General, argued that the 2024 notification accounted for all anticipated vacancies up to December 1, 2025, and there was no need for a separate exam in 2025. They stated that the amendment to the rules was a necessary compliance following the Supreme Court's directions, and the age limit was correctly applied.
The bench highlighted that the decision not to conduct the DHJS Exam in 2025 was valid and not discriminatory, as all vacancies up to the specified date were included in the previous notification. The court found no compelling circumstances to grant a one-time relaxation for the petitioner, who had already exceeded the age limit as per the latest rules.
The judgment emphasizes the importance of adhering to stipulated eligibility criteria in competitive examinations and upholds the amendments made to the Delhi Higher Judicial Service Rules in compliance with judicial directions. With this ruling, the Delhi High Court reinforces the principle of non-discrimination and procedural fairness in the conduct of public service examinations.
The petition and accompanying application have been dismissed, affirming the legal framework governing the DHJS Examination and the integrity of its notification process.
Bottom line:-
Upper age limit for appearing in the Delhi Higher Judicial Services (DHJS) Examination, 2026, cannot be relaxed for candidates who have exceeded the age limit due to non-conduct of the DHJS Examination in 2025. The notification for DHJS Exam-2026, including vacancies till June 2027, does not suffer from any illegality or arbitrariness.
Statutory provision(s): Delhi Higher Judicial Service Rules, 1970 - Rule 9(3), Rule 9(5); Constitution of India - Articles 14, 16
