HC permits overage candidates to provisionally appear for JKSSB constable exams

Srinagar, Nov 29: In a significant development, the High Court of Jammu & Kashmir and Ladakh has granted provisional relief to a group of petitioners, who challenged the maximum age limit criteria for the recruitment of 4002 Constables in J&K Police.

The petitioners, who had been rendered overage due to an eight-year delay in the recruitment process, were allowed to appear in the upcoming selection test scheduled for December 1, 2024. The case, WP(C) No. 2159/2024, was heard by Justice M.A. Chowdhary.

The petitioners, represented by Advocate Rameshwar Singh Jamwal, argued that the delay in recruitment, compounded by the COVID-19 pandemic and other factors, unfairly disqualified them from participating due to their age.

They stated that they were otherwise qualified, with educational backgrounds ranging from matriculation to post-graduation.

The petitioners contended that the J&K Services Selection Board (JKSSB) issued Advertisement Notification No. 01 of 2024 without granting age relaxation to candidates, who exceeded the maximum age during the eight-year gap since the last recruitment drive.

They argued that this was discriminatory and violated their fundamental rights. Their counsel highlighted instances where age relaxation was granted in similar cases. For instance, the indenting department had previously relaxed the maximum age limit for Sub-Inspectors from 30 to 32 years in 2021, and the Union Territory of Ladakh allowed a relaxation for constable posts from 28 to 30 years in 2022.

After hearing arguments from both sides, the High Court directed the respondents, including the UT of J&K and the JKSSB, to provisionally accept the petitioners' applications and allow them to appear in the upcoming test.

The court clarified that this interim relief would not guarantee any additional consideration for appointment, which would depend on the final outcome of the case.

"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 along with other candidates,” stated the court.

The recruitment drive for 4002 constable posts in J&K Police, advertised after an eight-year hiatus, drew criticism for not accounting for candidates who had aged out during the gap. The petitioners argued that this oversight contradicted the government’s own precedent of granting relaxations in similar cases.

The case has been listed for further consideration on February 21, 2025. Meanwhile, the court ordered a copy of the interim order to be provided to the petitioners' counsel—(KNO)