A contentious age restriction imposed by the Kerala State Mediation and Conciliation Centre has sparked a judicial review. A 58-year-old legal professional has filed a plea challenging a notification that limits eligibility for mediator empanelment to candidates under 55 years of age.
The Kerala High Court, while acknowledging the petitioner’s concerns, has chosen not to halt the ongoing selection process, which began following the October 10 notification. Justice VG Arun underscored the necessity of evaluating the legality of the age limit, stating that while benchmarks for candidate shortlisting are permissible, they must align with established legal principles.
“It is doubtful whether a maximum age limit can be set as an eligibility condition,” noted Justice Arun, emphasizing the need for a detailed judicial examination.
The petitioner argued that the Civil Procedure (Alternative Dispute Resolution) Rules, 2008, only require mediators to have 15 years of legal experience and do not prescribe any age cap. The inclusion of an upper age limit in the notification was described as arbitrary and inconsistent with these rules.
Defending the decision, the Kerala State Mediation and Conciliation Centre maintained that the age limit was necessary to streamline candidate selection, given limited vacancies.
With the court deferring further discussion to December 2, the dispute raises broader questions about balancing administrative discretion and legal fairness in setting eligibility criteria.
