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The Court issued the direction for relaxation as the advertisement and selection process had commenced prior to Supreme Court’s directions in All Indian Judges Association v. Union of India, 2025 SCC Online SC 1184.
In the present case, the petitioner had appeared in Civil Judge examination of 2016. In 2019, he had sought modification of marks obtained in the mains examination and eventually to be called for viva-voce.
Supreme Court clarified that the three-year period of legal practice would be counted from the date of provisional enrolment as an advocate, and not from the date of passing the All-India Bar Examination (AIBE), recognizing the varying schedules of the AIBE across jurisdictions.
The aspirant, who crossed the age limit of 35 years contended that there was no recruitment undertaken during the year 2023-2024, though, the vacancies were available and therefore, she did not get a chance to participate.
Supreme Court said that the reservation for the Persons with disabilities has been treated as Horizontal Reservation i.e. the reservation under Clause (1) of Article 16, and not the Vertical reservation i.e. the reservation under Clause (4) of Article 16 of the Constitution of India.
Allahabad High Court noted that the final result was declared on 30-8-2023. Almost 11 months have passed since then, the petitioner had not approached the Court any earlier.
“The language used in the instant amendment is neither ambiguous nor calls for any interpretation. The expression used in the amendment is clear and cogent.”
“The nature of the offence against the petitioner is itself an extremely minor offence under IPC. For the non-disclosure of this offence, she has already suffered since in the first round of selection in 2017. To punish her again for the same reason in the next selection process is not justified.”