SELECTION PROCESS OF 69 POSTS OF JUNIOR DIVISION CIVIL JUDGE | HC dismisses plea against JKPSC notification

Srinagar: The High Court of J&K and Ladakh Wednesday dismissed a plea against Jammu and Kashmir Public Service Commission (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 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“But before the last date of receipt of application these posts were withdrawn vide notification dated October 24, 2019,” they said.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 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 as such they were entitled to one-time age relaxation to participate in the selection process.

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candidates who had earlier applied under the notification issued by the JKPSC dated October 9, 2019, against the 24 withdrawn posts have been ignored,” they said.

The petitioners also submitted that in terms of Rule 10 of the Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967, the selection for Civil Judge (Junior Division) as far as practicable was to be held annually.

“The respondents have not conducted any selection for the last three consecutive years – 2020, 2021, and 2022 due to the COVID-19 pandemic and the petitioners who were within the prescribed age criteria have now crossed the maximum upper age of 35 years and have become ineligible for participating in the selection process,” they said.

The petitioners contended that it was incumbent upon the respondents to grant them one-time relaxation and enable them to participate in the selection process.

A division bench of Justice Sindhu Sharma and Justice Puneet Gupta at the Jammu wing dismissed the petition after hearing the petitioners through their counsel and the JKPSC through its counsel.

The bench held that the sole claim laid down by the petitioners was that they had applied earlier in terms of advertisement notification dated October 9, 2019, and since these posts were withdrawn, they were entitled to be given one-time age relaxation in these posts.

“This contention of the petitioners cannot be accepted on the ground that the posts which were advertised were under the J&K Dehi Adalats Act, 2013, which did not materialise due to the intervening directions of the High Court. Thus the petitioners cannot rely upon 2019 notification for the post of Dehi Adalats to allow them to participate in the present selection by granting them age relaxation,” the bench said.

The court held that reliance on Rule 10 of the Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967, also would not come to their aid as “Rule 10 provides that examination for selection of candidates shall as far as practicable be held annually.”

“It was not practicable for the respondents to hold the examinations for the aforesaid posts as there were certain amendments which were necessitated in the Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967, given the promulgation of the Jammu and Kashmir Reorganization Act, 2019,” the court said.

It said that these amendments were brought into force by S O 441 dated August 24, 2023, and immediately thereafter, the process for selection to the posts of Civil Judge (Junior Division) was initiated.

“It is well settled 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 court 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.”

Observing that the ensuing examination was to be held on October 8, 2023, and all the preparations for the same had been made, the court said that permitting the petitioners at this stage would, in any case, set at naught the entire process.

It, accordingly, dismissed the petition as being devoid of merit.