Gauhati High Court Upholds The Minimum Age For District Judges In Assam

Gauhati High Court Upholds The Minimum Age For District Judges In Assam

Case: Pooja Agarwal V The State Of Assam And Anr

Coram: Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia

Case No.: WP(C)/53/2022

Court Observation: The post of a District Judge is at a senior level in the cadre. Age is not extraneous to the acquisition of maturity and experience, especially in judicial institutions which handle real problems and confront challenges to liberty and justice. The High Courts are well within their domain in prescribing a requirement which ensures that candidates with sufficient maturity enter the fold of the higher judiciary. The requirement that a candidate should be at least 35 years of age is intended to sub-serve this.”

Be that as it may, Article 141 of the Constitution of India states that a law declared by the Supreme Court shall be binding on all Courts within the territory of India. Undoubtedly what is binding is the ratio laid down in the said case. This is irrespective of the fact whether while doing so the Apex Court may or may not have considered all aspects of the matter.

Previous Posts

Ad Hoc Payment Made as per Interim Orders Does Not Form Part of Wages under Payment of Wages Act: Supreme Court

Consumer Courts Can Direct Builders to Give Refund & Compensation to Homebuyers for Failure to Deliver Apartments: Supreme Court

Leave to Defend U/Sec 25B Delhi Rent Control Act Cannot Be Granted to Tenant on Mere Asking: Supreme Court

Breach Of Contract U/S 74 Not Applicable At Pre-Formation Stage: Delhi High Court Directs State to Refund ₹20 Crore Forfeited Amount

Kerala High Court Asks State to Revisit the Procedure for Search & Seizure in Abkari Cases

Defense On Merits Is Not To Be Considered At Stage Of Framing Of Charge And/Or At The Stage Of Discharge Application Download Judgement

Keywords

Minimum Age For District Judges, Gauhati High Court