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| HC allows petitions seeking relaxation in upper age limit for appointment as DS | | | Early Times Report
Jammu, Aug 04-Allowing petitions seeking relaxation of upper age limit for appointment as Dental Surgeon (DS), Justice Sunil Hali of Jammu and Kashmir High Court Jammu Wing today directed the respondents to accord consideration for grant of relaxation in upper age limit in case of the petitioners and conduct their interview for the selection of dental surgeons.
This significant judgment was passed in four writ petitions filed by Dr. Shabir Ahmed and others, Mohammed Younis Malik, Dr. Davinder Kour and Dr. Sajid Iqbal Malik, who were appointed on adhoc basis on November 30, 2000, initially for a period of 89 days, but this order was continued till date. On the day of notification issued by the respondents, applications were invited for appointment of Dental Surgeons in the Health & Medical Education Department. The upper age limit prescribed for seeking appointment was 37 year for direct recruits and 40 years for those already in service. The petitioners could not seek appointment as they had crossed 40 years of age. They could claim appointment only if the age was relaxed in their favou
After hearing senior Advocate MK Bhardwaj and Advocates Nitin Bhasin, Surinder Kour and SS Ahmed appearing for the petitioners and senior Advocate DC Raina with Advocate FA Natnoo appearing for the respondents, and perusing the record, Justice Hali observed that the post of dental surgeon is borne on the cadre strength of J&K Medical (Gazetted) Service. There is no provision in the J&K Medical (Gazetted) Service Recruitment Rules 1970 and J&K Heath & Family Welfare (Gazetted) Service Recruitment Rule 2006 for relaxing of the rules. However, Rule-II of the said rules deals with residuary matters, which envisages that the matter no specifically covered by these rules or by regulation or orders, shall be governed by the rules, regulations and orders applicable to state civil services in journal. So the power to seek relaxation is traceable under Rule 5 of the J&K Civil Services (classification, control & appeal) Rules 1956 which is applicable to the state service General Rules 5.
Justice Hali while directing the state regarding grant of relaxation in upper age limit further observed that now the question that arises for consideration in the present case, whether relaxation of upper age limit can be termed to be a condition of recruitment, in order to understand this expression. It is important to make mention of various provisions of J&K Health & Family Welfare Gazetted Service Recruitment Rules 2006. No persons shall be appointed to any post in the service unless he possesses the qualification as laid for the post, fulfills the requirements of recruitment as provided in the rules and order for time being in force. Senior Advocate DC Raina appearing for the respondents has reported that the selection process has not been conducted till date. Upon this Court directed the state to accord consideration for the grant of relaxation in upper age limit in case of the petitioners and conduct their interview of the ensuing selection of dental surgeons. JNF
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