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58 petitions seeking quashment of minimum age for junior KAS dismisse
3/31/2009 10:54:32 PM
Early Times Report
Jammu, Mar -31 Disposing off 58 writ petitions involving similar nature of controversy with regard to minimum age limit for junior KAS , Justice Nirmal Singh of J&K High Court Jammu Wing in a common judgment , after hearing battery of lawyers, observed in the approved for reporting judgment that the PSC of its own has no authority either to frame a particular rule or to initiate selection process unless and until the vacancies are referred to it by the GAD of the State and an urgency is shown in this regard which is the present case appears to be so.
Justice Singh further observed that the petitions are found to be without merit and are dismissed. The PSC shall not be under any obligation to accept the candidature of those candidates whose application forms stands accepted in view of interim directions passed by this Court in some of the petitions. The said applications forms shall also be deemed to be have been rejected, Court ordered
After perusing the record produced by Senior Advocate DC Raina appearing for the PSC, Justice Singh observed that on December 18, 2008, a letter was addressed by the Deputy Secretary to Government GAD to the Secretary PSC whereby 398 vacancies were referred for making selection to three different services. The matter was treated as most urgent. The Commission without wasting any time issued the notification impugned on December 30, 2008 for inviting the applications and making the selection process for appointment to the posts under the three categories of services in accordance with SRO 387 of December 1, 2008 which lays down the minimum and maximum age limit criteria with other eligibility conditions. Therefore, there does not seen to be any malafide on the part of PSC in issuing the notification in the month of December 2008, itself, after it was requested to initiate the process of selection by the GAD of the state.
JNF.
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