Gujarat HC issues Notice to Govt. on plea challenging Technical Member Vacancy Notice where Age Limit of 50 yrs [Read Petition]

Gujarat HC - Technical member - vacancy notice - age limit - Taxscan

The Gujarat High Court has issued the notice to the Government on plea challenging Technical member Vacancy notice where age limit of 50 years.

The Petitioner, CA Vikash Jain  is a Chartered Accountant in Practice enrolled with the Institute of Chartered Accountants of India (ICAI) and practicing as a Chartered Accountant in public interest for seeking necessary directions to the Respondents for quashing and setting aside the advertisement for vacancy of Technical Member in the National Company Law Tribunal.

It is submitted that the advertisement for filling up posts of Technical Member in the National Company Law Tribunal fixes a minimum age limit of 50 years for appointment as Tribunal Members in view of first provision to Section 413(2) the Companies Act, 2013. This is contrary to the directions in the Madras Bar Association judgment as the Supreme Court has emphasized the need to appoint younger members in Tribunals to make their functioning strong. Surprisingly, a person below the age of 50 years is eligible to be made a High Court judge, it is strange to keep a minimum age limit of 50 years age for Tribunal members.

It is submitted that, the Supreme Court has held in the case of Madras Bar Association has observed that “Younger advocates who are around 45 years old bring in fresh perspectives. Many states induct lawyers just after 7 years of practice directly as District Judges. If the justice delivery system by tribunals is to be independent and vibrant, absorbing technological changes and rapid advances, it is essential that those practitioners with a certain vitality, energy and enthusiasm are inducted”.

The division bench headed by the Chief Justice Aravind Kumar and Justice Ashutosh J.Shastri issued notice. The Petitioner’s counsel is permitted to serve copy on Assistant Solicitor General of India Mr. Devang Vyas.

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