TMI Blog2014 (3) TMI 1221X X X X Extracts X X X X X X X X Extracts X X X X ..... to the age on a particular date i.e. on the first day of January following the date of commencement of examination. The three clauses are separate and we do not think that the date stipulated to compute the maximum eligible age can be read as part and parcel or in continuation of clause 'b' which relates to the educational qualification. Petition dismissed. - Sanjiv Khanna And G.P. Mittal, JJ. For Appellant: Mr. Joy Dip Bhattacharya, Advocate For Respondents: Mr. Karan Mehta for Mr. Viraj R. Datar, Advocates for R-1 and Ms. Zubeda Begum, Standing Counsel GNCTD JUDGMENT Sanjiv Khanna, J. 1. In view of decision dated 21st March, 2014 in W.P. (C) 1869/2014, Preetesh Raman Singh Vs. Delhi High Court through Registrar General, the pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ika Panwar and Another (supra) interpreting the said Article had observed:- 28. In Entry 11-A of List III there is a semi colon after the phrase administration of justice followed by the phrase constitution and organisation of all courts . There is also a comma appearing after the phrase Constitution and Organisation of all Courts and before the exclusion clause i.e. except the Supreme Court and the High Courts . Semicolon in Webster's New World Dictionary (Third Edition) has been defined to mean a mark of punctuation indicating a degree of separation greater than that marked by the comma and less than that marked by the period: used chiefly to separate units that contain elements separated by commas, and to separate closely related coo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich is further separated by comma before the exclusion clause, Therefore, the administration of justice has to be treated as an independent expression capable of wide liberal and expansive meaning. In other words, in Entry 11-A, according to the submissions made by Mr. Shali appearing for the National Capital Territory of Delhi and by Mr. Gopal Subramanium, Senior Advocate, on behalf of the Delhi Bar Association, administration of justice is a subject in the concurrent list and it pertain to all courts including the High Court. In support of this submission, reliance is placed on the decision of Supreme Court in Narottam Das's case (supra) saying that the said decision still hold good and is an authoritative pronouncement on the meaning ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cept the Supreme Court and High Courts is separate from the earlier phrase. The result of putting such an interpretation would be that by virtue of Entry 11-A of List II it would be competent for the State Legislature to legislate on the subject of administration of justice not only for the High Court but also for the Supreme Court, which is contrary to the very basic fundamental of the Constitutional Scheme. The reason being that Entries 77 78 of List-I admittedly gives exclusive power to the Parliament to legislate on this subject. Supreme Court and High Courts stand expressly excluded from the subject matter of entry 11-A of List III. Having regard to the substance of the matter, as it emerges from the Constitutional Scheme, a plain mean ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s an Advocate in India or a person qualified to be admitted as an Advocate under the Advocates Act, 1961; and c) not more than 32 years of age on the 1st day of January following the date of commencement of the examination. 6. On a plain reading of the aforesaid provision, it is apparent that three independent conditions are stipulated. Condition (a) states that a candidate should be a citizen of India. Condition (b) states that a candidate should be a person practicing as an Advocate in India or a person qualified to be admitted as an Advocate under the Advocates Act, 1961. Condition (c) is with regard to the age on a particular date i.e. on the first day of January following the date of commencement of examination. The three clauses are s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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