Jammu & Kashmir High Court Dismisses Plea By Civil Judge Aspirants Seeking Relaxation Of Upper Age Limit

The upper age limit for appearing in the exam scheduled this Sunday is 35 years. Petitioners herein, 23 in number, were aged 36-38 years.

The court said that while participating in the recruitment process, a candidate must possess the prescribed eligibility and unless there is any express provision to the contrary, there cannot be any relaxation in the requisite eligibility criteria.

The candidates, represented by Senior Advocate Abhinav Sharma had argued that they should be granted one-time age relaxation due to the withdrawal of posts they had applied for in 2019, while they were still eligible. They had also cited a notification from the General Administration Department dated February 15, 2022, which granted one-time age relaxation to candidates who had previously applied for withdrawn posts.

However, the bench presided by Justices Sindhu Sharma and Puneet Gupta dismissed the plea on various grounds. The Court noted that the withdrawn posts were governed under the Jammu and Kashmir Dehi Adalats Act, 2013, and were not part of the current selection process. It highlighted that the Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967, did not contain provisions for relaxation in the minimum or upper age limit.

The bench pointed out that the candidates had multiple opportunities to participate in previous selection processes held in 2009, 2012, 2013, 2017, and 2018, where they were eligible to apply.

It added,

"The petitioners, thus, cannot seek relaxation as a matter of right, if they are otherwise not eligible merely because they could not participate in the selection process in the year 2019, when the posts were withdrawn".

It also noted that the current selection process was already in progress, with substantial preparations made and allowing the petitioners to participate at this stage would severely disrupt the ongoing process and delay the examination schedule.

Case Title: Mridulla Kirti Vs High Court of J&K

Citation: 2023 LiveLaw (JKL) 256

Case Title: Mridulla Kirti Vs High Court of J&K

Citation: 2023 LiveLaw (JKL) 257

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