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| 13 LPAs filed in controversial selection of IRP constables | | DB partly allows appeal, modifies judgment of Single Judge | | Early Times Reporter
Jammu | Apr 10
Division Bench, comprising Justice YP Nargotra and Justice Sunil Hali, partly allowed 13 appeals filed by the state of Jammu and Kashmir and Others against the judgment of Single Judge passed in bunch of writ petitions challenging controversial selection of IRP constables and writ court quashed the selection made on the basis of Tehsil Wise and dropping the petitioners and also and also relaxation of upper age for the candidates belonging to SC/ST.
Division Bench, after hearing Additional Advocate General BS Salathia appearing for the State and Sr. Adv DC Raina and advocates RK Koul, SS Jamwal, FA Natnoo and Surinder Kour appearing for the respondents in these LPAs, and after considering the facts, DB observed that in the instant case the Government has prescribed the age limit of 28 years for the selection of constable in terms of Rule 176 read Rule 182 of the Police Rules, therefore, in the considered opinion Scheduled Caste and Scheduled Tribe candidates cannot claim validly that their age limit should be different than the one prescribed by the advertisement notice or by rules 176. "We, therefore, cannot persuade ourselves to agree with the view of the single judge for ST/SC candidates to be recruited for the post of constable in police force, the upper-age limit would be 33 years and not 28 years.
This significant judgment written by Justice YP Nargotra for the Division while allowing the appeals partly and modifying the judgment of the Single Judge, directed that the appellant shall restore the benefit of additional points to those petitioners to whom it stood awarded and thereafter to re-determine their merit. In case their merit is found to be above or equal, last selected candidate in their category, they shall be declared selected and appointment order shall be issued in their favour forthwith. In such case they shall be deemed to have been appointed from the date the other selectees of the select list were appointed, they shall be entitled to all consequential benefits, except the monetary benefits. This judgment was pronounced by Justice Sunil Hali on behalf of Division Bench. JNF |
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