Selection Process of 60 Posts of Junior Division Civil Judge
Srinagar, Oct 6: The Supreme Court (SC) Friday upheld the verdict of the High Court of J&K and Ladakh whereby it gave a nod to the selection process of civil judges in the subordinate judiciary by dismissing a plea against Jammu and Kashmir Public Service Commission (JKPSC)’s notification prescribing the maximum age limit as 35 years for 69 posts of the Civil Judge.
A three-judge bench comprising Chief Justice D Y Chandrachud, Justice J B Pardiwala, and Justice ManojMisra while dismissing the Special Leave Petition (SLP) filed by the aggrieved candidates said: “We are not inclined to entertain the Special Leave Petition under Article 136 of the Constitution. The Special Leave Petition is accordingly dismissed.”
The SLP was mentioned out of turn by the aggrieved candidates before the bench headed by the Chief Justice in the morning.
The bench agreed to hear the petition after hearing the matters listed before it on Friday.
The JKPSC being on caveat defended the High Court judgment through Senior Advocate Vijay Hansaria and Advocate G M Kawosa.
On October 4, the High Court dismissed a plea against the JKPSC’s notification prescribing the maximum age limit as 35 years for filling up 69 posts of Civil Judge (Junior Division) in the Subordinate Judiciary.
Twenty-three candidates had challenged JKPSC’s notification dated August 27, 2023, with the contention that it prescribed the upper age limit of 35 years and ignored the fact that they had earlier applied under Notification No PSC/Exam/2018-19/14 dated October 9, 2019.
The petitioners said that they were entitled to one-time age relaxation as they had become overage.
The petitioners contended that the JKPSC in 2019, invited applications for 24 posts of Civil Judge (Junior Division) vide notification dated October 9, 2019.
The aggrieved candidates had said that at that time they were fulfilling the requisite eligibility criteria and responded to the notification.
“But before the last date of receipt of application these posts were withdrawn vide notification dated October 24, 2019,” they said.
They contended before the High Court that the notification dated August 27, 2023, issued by the JKPSC for filling up 69 posts of Civil Judge (Junior Division) included the 24 posts advertised vide Notification dated October 9, 2019.
They submitted that they were now ineligible to participate in the present selection process for the 69 posts as they had become overage.
The petitioners further submitted that there was no recruitment process undertaken by the respondents (government) for selection to the post of Civil Judge (Junior Division) from 2020 to 2022, and they had no opportunity to participate in the process while they were within the prescribed upper age limit.
The petitioners said that this fact had been ignored by the respondents while notifying the maximum age limit of 35 years as of January 1, 2023.
“And the claim of all those candidates who had earlier applied under the notification issued by the JKPSC dated October 9, 2019, against the 24 withdrawn posts have been ignored,” they said.
“Admittedly, there is no provision for relaxation in minimum or upper age limit in the Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967,” the High Court had said and dismissed the petition.
