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| HC decides controversy over age limit for appointment as PO | | | Early Times Reporter
Jammu | Mar 25
Justice YP Nargotra of J&K High Court, Jammu Wing, today decided 26 writ petitions challenging the age limit of 18 to 30 years as prescribed by the DGP in an advertisement notice issued by the DGP for filling up the post of Prosecuting Officer. Allowing all the petitions, the Court directed that the candidates including the petitioners who are within the age limit prescribed by Article 37 of CSR (35 years for General Category), are eligible to participate in the selection process. If the applications of such candidates have not been entertained, the selection agency shall notify a date within which they may submit their application forms so as to afford them an opportunity to offer their candidature for their selection.
In this landmark judgment, Justice Nargotra, after hearing battery of lawyers appearing for the petitioners and AAG BS Salathia appearing for the state respondents, referred Article 37 in respect of direct recruits to government service in all the Subordinate and Gazatted services on the first day of January of the year and maintained that the maximum age limit for the general category is 35 years, 37 years for physical handicapped and 38 years for SC/ST. Provided that the age limits, as shown above, may be relaxed by the competent authority in respect of any individual case on the merits of the each case. As the Government has already prescribed the age limit for a candidate to be eligible for appointment in Government service by making Article 37 of CSR, therefore, the said age limit governs the post of Prosecuting Officer in the Police Department. Admittedly the age eligibility stipulation in the advertisement notice is not in consonance with the age prescribed under Article 37 of CSR , therefore, the same is not legally sustainable. With these observations, Court allowed the petitions and directed respondents to allow the candidates, who are within the age limit prescribed Article 37 of CSR. JNF |
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