| HC transfers constable recruitment petition to CAT, Jammu Bench | | | Early Times Report
JAMMU, Aug 1: In a significant development concerning the much-debated constable recruitment in the Jammu and Kashmir Police, Justice Moksha Khajuria Kazmi of Jammu & Kashmir and Ladakh High Court at Jammu has ordered the transfer of a writ petition (WP(C) No. 2159/2024) concerning age relaxation in the ongoing constable recruitment process to the Central Administrative Tribunal (CAT), Jammu Bench.
The petition, filed by Deepak Sharma and others, challenged Advertisement Notice No. 01 of 2024 dated July 16, 2024, issued by the Jammu and Kashmir Services Selection Board (JKSSB), which invited applications for 4002 posts of constables in J&K Police. Petitioners argued that the notice failed to provide age relaxation despite an eight-year gap in recruitment, rendering many otherwise eligible candidates ineligible due to age.
Justice Moksha Khajuria Kazmi observed that the matter pertains to service conditions and therefore falls within the jurisdiction of the Central Administrative Tribunal under Section 14 of the Administrative Tribunals Act, 1985. The court relied on the Supreme Court's ruling in L. Chandra Kumar v. Union of India to reinforce the statutory requirement.
In its interim order dated November 29, 2024, the High Court had allowed the petitioners to participate provisionally in the recruitment process, pending final adjudication. While disposing of the writ petition, the Court ordered that this interim relief will remain in effect until the Tribunal delivers its decision.
The Registry has been directed to transfer the entire original record, including the associated contempt petition (CCP(S) No. 54/2025), to the CAT, Jammu Bench. The parties have been instructed to appear before the Registrar, CAT, to facilitate further proceedings.
The CAT has been requested to make every effort to decide the matter within one month, given the time-sensitive nature of the recruitment process and the interests of all stakeholders involved. —(JNF) |
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