Jammu & Kashmir High Court
Mridulla Kirti vs High Court Of J&K And Ladakh on 4 October, 2023
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Reserved on: 29.09.2023
Pronounced on: 04.10.2023
Case: WP(C) No. 2440/2023
CM No. 5744/2023
1. Mridulla Kirti, Age 36 years ...Petitioner/Appellant(s)
D/o Sh. Thoru Ram
R/o Village Ranjit Pura
P.O. Gole Gujral Talab Tillo, Jammu.
2. Aman Kumar Dorhi, Age 37 years
S/o Sh. Bans Ram Doshi
R/o Ward No. 1, JP High School, Chatha Mill,
Bhour Pind, Tehsil Jammu (South), District
Jammu.
3. Sajad Hussain Shah, Age 35 years
S/o Sh. Khurshid Hussain Shah
R/o Village Gursal, Tehsil Mendhar,
District Poonch.
4. Nusrat Baby Jan, Age 37 years
W/o Nadeem Qadri
R/o House No. 151, Lane No. C
Sector-1, Near Masjid Nouman Bin Sabet,
Opp. A.M. Hyundai Showroom, Channi
Rama
Jammu.
5. Bhawan Kumar, Age 37 years
S/o Sh. Varinder Sharma,
R/o Village Kotli, Tehsil Bhardwah,
District Doda.
6. Rahul Sharma, Age 37 Years
S/o Late Sh. Satpal Sharma
R/o Plot No. 4B1, Balwant Vihar,
Udheywala, Jammu.
7. S. Mehraj Khalid, Age 38 years
S/o Mushtaq Ahmed
R/o Village Moothi (Marmaat)
WP(C) No. 2440/2023____ Page 2 of 11
Tehsil and District Doda.
8. Saraswati Rao, Age 37 years
D/o Bodh Raj
W/o Sh. Ragwan
R/o Gurha Brahmana, Bantalab,
Tehsil and District Jammu.
9. Garu Mandotra, Age 35 years
S/o Sh. Baldev Ram Sharma
R/o Karalian, Tehsil Ramgarh
District Samba.
10. Priya Sharma, Age 36 years
D/o Ashok Kumar,
R/o House No. 117, Govind Nagar,
Digiana Ashram, Jammu.
11. Pawandeep Kour, Age 36 years
D/o Gurcharan Singh
R/o House No. 111, Sector-6
Nanak Nagar, Jammu.
12. Kewal Singh Manhas, Age 37 years
S/o Phool Raj
R/o Gandoh Doda
13. Meenakshi Bhatyal, Age 38 years
D/o Sh. Natha Singh
R/o House No. 5, Lane No. 1
Karan Nagar, Jammu.
14. Shah Faisal, Age 37 years
S/o Shafqat Hussain
R/o Village Kote Behrote, Tehsil Thanamandi
District Rajouri.
15. Tanveer Ahmad Bhat, Age 37 years
S/o Bashir Ahmad Bhat,
R/o Bathindi, Jammu.
16. Rauf Shah, Age 36 years
S/o Mohd. Azam Shah,
R/o Dodsan Bala, Tehsil & District Rajouri.
17. Rita Kumari, Age 37 years
D/o Ramesh Kumar
W/o Mukesh Kumar
R/o Village Tutray,
WP(C) No. 2440/2023____ Page 3 of 11
Tehsil R.S. Pura, District Jammu.
18. Nawdeep Singh Sen, Age 35 years
S/o Swami Raj Sen
R/o Zellana Lachdayaram, Near DC
Complex, Kishtwar, J&K.
19. Sunil Sharma Age 36 years
S/o Sh. Hansraj Sharma
R/o H. No. E.P. 925, Jullakha Mohalla
Jammu.
20. Deepika Datt Age 37 years
D/o Ganga Datt
W/o Amit Kumar
R/o Sarore Meen Sarkar, Samba
21. Basundhra Age 36 years
D/o Lt. Sh. Kuldip Kumar
R/o H.No. 28, Lower Laxmi Nagar,
Sarwal, Jammu
22. Vikram Singh Age 38 yeas
S/o Prem singh Rajoo
R/o Ward no. 1, Ramban
Tehsil & District Ramban
23. Monia Sambyal Age 35 years
D/o Late Mohd. Amin Sambyal
R/o H.no. 24,Ward no. 3, Nangal Road Katra
Mr. Abhinav Sharma, Sr. Advocate with
Through:- Ms. Saba Atiq & Mr. Abhirash Sharma, Advocates.
V/s
1. High Court of J&K and Ladakh .....Respondent(s)
Through its Registrar General,
2. Union Territory of J&K
Through Commissioner/Secretary to Govt.
General Administration Department
Civil Secretariat, Jammu
3. Commissioner/Secretary to
Government, Law Justice and
Parliamentary Affairs, Jammu/Srinagar.
WP(C) No. 2440/2023____ Page 4 of 11
4. J&K Public Service Commission ,
Jammu/Srinagar
Through its Secretary
Mr. Aditya Gupta, Advocate for R-1.
Through:- Mr. Raman Sharma, AAG with
Ms. Saliqa Sheikh, Assisting counsel for R-2.
Ms. Priyanka Bhat, Advocate vice
Mrs. Monika Kohli, Sr. AAG for R-3.
Mr. F.A. Natnoo, Advocate for R-4.
CORAM: HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
JUDGMENT
04.10.2023
Sindhu Sharma-J
01. The Jammu and Kashmir Public Service Commission (hereinafter
referred to as 'JKPSC') invited applications for filling up 69 posts of Civil
Judge (Junior Division) in Subordinate Judiciary vide its Notification No.
38-PSC (DR-P) of 2023 dated 27.08.2023. 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.
02. The petitioners are aggrieved of the impugned notification dated
27.08.2023 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.
03. The contention of the petitioners is that the JKPSC in the year 2019,
invited applications for 24 posts of Civil Judge (Junior Division)/Munsiff,
vide notification No. PSC/Exam/2018-19/14 dated 09.10.2019. The
petitioners at that point of time were fulfilling the requisite eligibility
criteria 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 is submitted by the petitioners that impugned notification
dated 27.08.2023 issued by respondent No. 4, for filing up 69 posts of
Civil Judge (Junior Division) includes the 24 posts advertised vide
notification dated 09.10.2019, but the petitioners are now ineligible to
participate in the present selection process for the aforesaid 69 posts as
they have become overage.
04. It is also pleaded that there was no recruitment process undertaken
by the respondents for selection to the post of Civil Judge (Junior
Division)/Munsiff from the year 2020 to 2022, therefore, no opportunity
was available to the petitioners to participate/compete in the selection
process while they were within the prescribed upper age limit, as such,
they are entitled to one-time age relaxation to enable them to participate in
the selection process.
05. This fact has been ignored by the respondents while notifying the
maximum age limit by 35 years as on 01.01.2023 and the claim of all those
candidates who had earlier applied pursuant to notification issued by the
JKPSC dated 09.10.2019, against the 24 withdrawn posts have been ignored.
06. 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)/Munsiff as far as practicable is
to be held annually. The respondents have not conducted any selection for
the last three consecutive years, i.e., 2020, 2021 and 2022 due to 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.
07. The petitioners, thus, submit that they have been denied the
opportunity to compete in the selection process now, as they have crossed
the prescribed upper age limit, as such, it is incumbent upon the respondents
to grant them one-time relaxation and enable them to participate in the
selection process for the post of Civil Judge (Junior Division.
08. In support of their contention, the petitioners have also placed
reliance on a notification bearing No. GAD-MTG0RIV/200/2021-09-
GAD dated 15.02.2022 issued by the General Administration Department,
granting 'one-time age relaxation' to overage candidates desirous for
applying against the withdrawn posts. As per the notification, the
candidates who had earlier applied against the withdrawn posts were
deemed to be eligible in terms of the upper age limit, if they apply for the
said posts. The petitioners submit that they too are entitled to one-time age
relaxation in view of this notification, for applying for the posts of Civil
Judge (Junior Division) in response to the fresh notification, as they had
applied under the 2019 notification which was withdrawn.
09. The petitioners had also moved a representation for seeking one-
time age relaxation, but the same has been turned down at its
administrative side by the High Court of Jammu & Kashmir and Ladakh.
10. Relaince has been placed by the petitioners on the judgment "High
Court of Delhi vs. Devina Sharma," (2022) 4 SCC 643, in which the
Hon'ble Apex Court has allowed the candidates who were overage to
participate in the selection process for the posts of Delhi Judicial Service
as a one-time measure.
11. The respondent No. 1, in its reply, has opposed the claim of the
petitioners on the ground that there is no provision for relaxation in
minimum or upper age limit in the Jammu and Kashmir Civil Service
(Judicial) Recruitment Rules, 1967, any relaxation of the same would
require an amendment of the rules which is not permissible when the
selection process is already on, as such, the relief prayed for, cannot be
granted. It is also submitted by them that 24 posts, notified in the year
2019, on which the petitioners have laid their claim were created under
the, The Jammu and Kashmir Dehi Adalats Act, 2013, and these posts
were subsequently withdrawn vide notification dated 24.10.2019.
12. The JKPSC, in its objections, has submitted that the 24 posts
notified in the year 2019 were under the, The Jammu and Kashmir Dehi
Adalats Act, 2013, which came to be withdrawn by the Department of
Law and Parliamentary Affairs on the instructions of the Hon'ble High
Court, and in compliance to the directions dated 31.07.2019, passed by the
Hon'ble Supreme Court in Civil Appeal No. 1867/2006 titled "Malik
Mazhar Sultan and another Vs. U.P. Public Service Commission and
others". These 24 posts are not a part of the present selection process.
13. It is also submitted that the reliance placed by the petitioners on the
notification of the General Administrative Department dated 15.02.2022,
is misplaced, as 'one-time age relaxation' was granted vide Circular No.
GAD-MTG0RBIV/200/2021-09-GAD dated 15.02.2022, to the
candidates who had applied in such posts which were withdrawn and have
now crossed the upper age limit against these posts re-advertised.
14. The respondents also submit that the reliance placed upon the
judgment of the Devina Sharma (supra) was also different from the facts and
circumstances of the present case, as in the present case, the recruitment
process could not be held in view of amendments which were imperative due
to the J&K Reorganization Act, 2019.
15. It is further submitted that in terms of the Notification No. 38-PSC
(DR-P) of 2023 dated 27.08.2023, 69 posts of Civil Judge (Junior
Division) in Subordinate Judiciary were advertised and in pursuance to
the said advertisement notice, 3836 candidates have applied for these
posts and the preliminary examination is scheduled to be held on 8 th
October, 2023. The respondents further submit that they have made all the
necessary arrangements for conducting the said examination and the
calendar dates for conducting the preliminary and mains examination have
already been advertised and any change in the dates already notified
would affect the upcoming examinations and would inevitably delay the
other examinations also.
16. The process of filling up the vacancies of Civil Judge (Junior
Division) remained pending due to delay in certain amendments in the
Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967,
which were necessitated in view of the promulgation of the Jammu and
Kashmir Reorganization Act, 2019, and vide S.O 441 dated 24.08.2023,
the requisite amendments were made in the recruitment rules, thereby
enabling the recruitment process to be carried on. During the intervening
period, 23 posts of Civil Judge (Senior Division) had also fallen vacant
and as per the existing Rules, these posts are to be filled up by way of
promotion from amongst the Civil Judge (Junior Division) on the basis of
merit-cum-seniority. Thus, a fresh requisition was made to the
Government for initiating the process for filling up of 69 vacant vacancies
(43 clear + 26 anticipated) of Civil Judge (Junior Division) in terms of the
relevant recruitment rules. The 22 posts of Gram Nyaylayas created
initially in the year 2014 (as Dehi Adalats) have not been made functional
due to absence of requisite/necessary infrastructure including manpower
and also as there was no immediate possibility of operationalizing of
Gram Nyaylayas, these posts were withdrawn.
17. The sole claim laid down by the petitioners is with regard to the fact
that they had applied earlier in terms of advertisement notification dated
09.10.2019 and since these posts were withdrawn, they are 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, The J&K Dehi Adalats Act, 2013, which did
not materialize due to the intervening directions of High Court. The
petitioners, thus, 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.
18. The reliance placed by the petitioner on Rule 10 of the Jammu and
Kashmir Civil Service (Judicial) Recruitment Rules, 1967, also will not
come to their aid as Rule 10 provides that examination for selection of
candidates shall as far as practicable be held annually. The examination
could not be conducted, when it was practicable to do so every year. 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, in view of the promulgation of the Jammu and Kashmir
Reorganization Act, 2019. These amendments were brought into force by
S.O. 441 dated 24.08.2023, removing the difficulties and immediately
thereafter, the process for selection to the posts of Civil Judge (Junior
Division) was initiated. In view of these peculiar circumstances, it was not
practicable to hold examination for the aforesaid posts of Civil Judge
(Junior Division)/Munsiffs from 2020 to 2022.
19. It is not the case of the petitioners 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.
20. The selection for the post of Civil Judge (Junior Division) was
conducted in the year 2009, 2012, 2013, 2017 and 2018 since 2008 till
date. The petitioners being eligible at that time also, had the opportunity
to participate in the aforementioned 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.
21. 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. Admittedly, there is no provision for
relaxation in minimum or upper age limit in the Jammu and Kashmir Civil
Service (Judicial) Recruitment Rules, 1967. Reliance has been placed on
the judgment of Devina Sharma (supra), which is not applicable to the
facts and circumstances of the present case. Rule 13 of Delhi Judicial
Services provides that the examination will be held by the High Court in
Delhi, preferably once a year, subject to vacancy position. This rule is
different from Rule 10 of the Jammu and Kashmir Civil Service (Judicial)
Recruitment Rules, 1967, which provides that the examination for
selection of candidates shall as far as practicable be held annually.
22. 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, permitting the petitioner at this stage will, in any
case, set at naught the entire process.
23. In view of the aforementioned facts and circumstances, there is no
merit in this petition and the same is accordingly dismissed.
(Puneet Gupta) (Sindhu Sharma)
Judge Judge
Jammu:
04.10.2023
Michael Sharma
Whether approved for speaking : Yes
Whether approved for reporting : Yes
