Excelsior Correspondent
SRINAGAR, Oct 4: The High Court today directed for the selection process of Civil judges in Subordinate Judiciary as there is no provision for relaxation in minimum or upper age limit for the post.
Division Bench of Justice Sindhu Sharma and Justice Puneet Gupta dismissed the plea challenging the whole selection process initiated by the Public Service Commission (PSC) vide notification dated 27.8.2023. Under the said notification, PSC has invited applications for the eligible candidates of J&K UT in order to fill up 69 posts of Civil Judge (Junior Division) in the Subordinate Judiciary.
The DB recorded 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.
“Admittedly, there is no provision for relaxation in minimum or upper age limit in the Jammu and Kashmir Civil Service (Judicial) Recruitment Rules. The last date for receipt of the online applications was 17.09.2023, the preliminary examination is scheduled for 08.10.2023, and the mains examination is to be held from 08.11.2023 to 19.11.2023. The prescribed age for the candidates to participate in the recruitment process, as per the notification, is minimum 18 years and maximum 35 years as on 1st of January, 2023”.
The aggrieved persons challenged the notification to the extent of prescribing the maximum age limit of 35 years, ignoring the fact that they had earlier applied pursuant to Notification No. PSC/Exam/ 2018-19/14 dated 09.10.2019 and are entitled to one-time age relaxation as they have become overage.
They contended that the JKPSC in the year 2019, invited applications for 24 posts of Civil Judge (Junior Division)/Munsiff and at that point of time they were fulfilling the requisite eligibility criteria and had responded to the notification, but before the last date of receipt of application these posts were withdrawn vide notification dated 24.10.2019.
It was submitted that impugned notification issued by the PSC for filing up 69 posts of Civil Judge (Junior Division) includes the 24 posts advertised vide notification dated 09.10.2019, but they are now ineligible to participate in the present selection process for 69 posts as they have become overage.
The PSC replied that they have made all the necessary arrangements for conducting the examination and the calendar dates for Preliminary and Mains examination have already been advertised and any change in the dates already notified would affect the upcoming examinations and inevitably delay the other examinations also.
The Court has clarified that it is not the case of the aggrieved persons that they had no opportunity to participate or compete in any of the selection process conducted by the respondents’ preceding the present one rather, their only contention is, that because they could not participate in 2019 selection process, therefore, they be provided age relaxation and an opportunity to participate in the selection process. “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”, read the judgment.
“The process of selection is already underway, the ensuing examination is to be held on 08.10.2023 and all the preparation for the same have been made and permitting the petitioner at this stage will, in any case, set at naught the entire process. In view of the aforementioned facts and circumstances, there is no merit in this petition and the same is accordingly dismissed”, the Court concluded.
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