J&K Constable Recruitment | High Court Grants Interim Relief To 79 Overaged Candidates Seeking Age Relaxation For Constable Posts
LIVELAW NEWS NETWORK
30 Nov 2024 9:00 AM IST
Granting interim relief to 79 candidates seeking age relaxation for the recruitment of 4002 constable posts in Jammu and Kashmir Police, the High Court of Jammu & Kashmir and Ladakh today directed the authorities to allow them to participate in the upcoming recruitment test.
Directing UT of J&K to consider participation of the Overaged Candidates Justice M. A Chowdhary observed,
“On consideration of the matter, after hearing learned counsel from both sides, as an interim measure, the respondents are directed to consider the candidature of the petitioners irrespective of their maximum age for undergoing the test for the post of Constables to entertain the applications of the petitioners provisionally and conduct their tests alongwith other candidates, who have applied for the vacancies. However, their appearance in the test shall not give them any additional incentive for the consideration of appointment, which shall be subject to the outcome of the petition”.
The petition, filed by Deepak Sharma and 78 others under Article 226 of the Constitution of India, challenges Advertisement Notification issued by the Jammu & Kashmir Services Selection Board (JKSSB) for recruitment of Constables in J&K Police
The petitioners, represented by Advocate Rameshwar Singh Jamwal, contended that the recruitment process for constables is being conducted after a significant gap of eight years, during which numerous candidates exceeded the maximum age limit due to delays compounded by the COVID-19 pandemic. Despite possessing the requisite qualifications ranging from matriculation to postgraduate levels, these candidates were barred from applying due to age restrictions, which they argued were discriminatory and violated their fundamental rights, he submitted.
The petitioners further highlighted that similar relaxations had been granted in the past for other posts and pointed orders which had extended the age limit for Sub-Inspector posts from 30 to 32 years and sought a similar relaxation of up to three years to ensure fair consideration.
Justice Chowdhary, after hearing both sides, granted interim relief and directed the authorities to provisionally accept applications from overaged candidates and allow them to appear in the recruitment test scheduled for December 1, 2024.
However, the court clarified that their participation in the test would not automatically entitle them to appointment, as their final selection would depend on the outcome of the petition.
The case has been listed for further consideration on February 21, 2025.
Case Title: Deepak Sharma & 72 Ors Vs UT Of J&K