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| State subject central Govt employee is eligible for state Govt job as in-service candidate: HC | | | Early Times Reporter
Jammu | July 20
Allowing the petition challenging the decision of PSC that the petitioner, who is in-service of the central government, is not eligible for the relaxation of age, Justice Nirmal Singh of the Jammu and Kashmir High Court quashed the order of the PSC rejecting the application of the petitioner. The Court observed that the action of the respondents in non acceptance of the application form of the petitioner on the ground that he cannot be treated to be a candidate already in Government service, as he is not serving in any department under the state Government, even though he is a permanent resident of the state, is held to be bad and illegal.
The case of the petitioner was that he had applied for the post of Assistant Engineer (Civil) under the category of candidates already in Government service as the petitioner was working as JE in the MES. His application was routed through proper channel by the MES Dept. In the notification issued by the PSC the age criteria was fixed for the category of in-service of Government candidate at 38 to 40 years The petitioner being eligible was issued an admit card and put to a screening test along with other eligible candidates. The result of the screening test was declared but the name of the petitioner was not figuring. The grievances of the petitioner is that even though he stood third in the merit list prepared by the PSC he was not interviewed as his application stood rejected he being over-aged. He further stated that petitioner's age on the cut off date was 37 years 2 months and 27 days and well within the prescribed age limit of 40 years but the PSC treating the candidature of the petitioner in open category denied him the benefit of upper age limit as fixed for the candidates who had applied under the category of already in Government service.
Justice Singh, after hearing Advocate Abhinav Sharma appearing for the petitioner Ajay Gupta whereas Sr. Advocate DC Raina along with Advocate F A Natnoo appearing for the PSC and pursuing the record observed that this petition has merit and deserves to succeed. No doubt, under the State Constitution, a bar is created so far as the employment under the state is concerned. A candidate seeking employment in J&K has to be a permanent resident of the State, but there is no such bar so far as seeking employment under the state is concerned Any candidate who is permanent resident of the state and serving in any department under the central Government is eligible to apply for a post under the state through proper channel in the category of (already in Government Service) in case such a candidate is fulfilling the other requisite qualifications as prescribed in the advertisement notice. Rejecting the candidature of the petitioner, a state subject, and serving in central government department is not in accordance with the law, the Court observed.
With these observations Court allowed the petition and quashed the order of the Public Service Commission rejecting the application of the petitioner. As the petitioner has already been allowed to participate in the selection process and his interview has been conducted in terms of interim order passed on April 26, 2007, Court directed PSC to declare the result of the petitioner within a period of 10 days. In case the petitioner is found successful, further appropriate action regarding issuance of appointment order in his favour shall be issued by the competent authority within one month. The petitioner is entitled to all consequential benefits minus monetary benefits. JNF |
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