Plea in Kerala High Court against age cap for mediators

The Kerala High Court is slated to examine the validity of a notification that set 55 years as the upper age limit for a candidate to become eligible to apply for empanelment as a mediator with the Kerala State Mediation and Conciliation Centre [Adv PU Ali v High Court of Kerala & anr]..A lawyer has challenged the age cap, which was prescribed in a notification issued by the Centre last month for the empanelment of mediators.Justice VG Arun observed that while employers can set benchmarks for shortlisting candidates, such benchmarks must align with the principles of law. The Court added that the validity of the notification required detailed consideration. "It may be possible for the 2nd respondent (Kerala State Mediation Centre) to set the benchmark of maximum 55 years for shortlisting the candidates. Be that as it may, it is doubtful whether the maximum age limit can be included as an eligibility condition in the notification. In the opinion of this Court, the question requires detailed consideration," the Court said. .The Court, however, refused to stall the empanelment process that began with the October 10 notification under challenge."Notification (the October 10) was published way back on 10.10.2024, showing the last date for submission of applications as 14.11.2024, and this writ petition is moved as today motion only on 14.11.2024. Any interference at this stage will upset the selection process and will also prejudice the candidates who have already applied," the Court reasoned..The petition was filed by a 58-year-old lawyer (petitioner) who pointed out that Rule 8 of the Civil Procedure (Alternative Dispute Resolution) Rules, 2008 (ADR Rules) only prescribed 15 years of experience for lawyers to be eligible for empanelment as mediators. There is no age cap prescribed under these rules. The petitioner also pointed out that there was no age-based disqualification mentioned in Rule 9 of the ADR rules. Therefore, he questioned an October 10 notification issued by the Kerala State Mediation and Conciliation Centre which said that candidates wishing to apply as mediators must be under 55 years of age. The petitioner argued that the maximum age limit in the October 10 notification was arbitrary. The Kerala State Mediation and Conciliation Centre defended the age limit, citing it as necessary for shortlisting candidates in light of limited vacancies. Employers were within their rights to establish such criteria, the Centre's counsel added..The Court observed that the matter requires detailed consideration and posted it for hearing on December 2..The petitioner was represented by advocate G Keerthivas.Advocate G Harikumar appeared for the Kerala High Court.Senior Advocate Santhosh Mathew, along with advocates Roshan D Alexander, Tina Alex Thomas, Harimohan and Kochurani James appeared for the Kerala State Mediation and Conciliation Centre..[Read Order]