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| Age criteria for grant of liquor license | | HC allows one, rejects 11 petitions | | EARLY TIMES REPORT
JAMMU, Mar 9: High Court has disposed off 12 petitions including one filed by an Ex-Serviceman and 11others filed by unemployed educated persons seeking to quash age criteria for grant of liquor license
Justice Hakim Imtiyaz Hussain of J&K High Court Jammu Wing through a common judgment dismissed 11 petitions filed by unemployed educated persons while allowed the petition filed by one Lt Col under the category of ex-serviceman. The petitioners have challenged the age criteria fixed through a communication dated August 12, 2005 whereby the age prescribed was 45 years for Women, SC & ST candidates and 40 years for other candidates. According to petitioners that Excise Commissioner issued advertisement notice on June 25, 2005 whereby 90 locations were advertised for grant of New Off-Licenses for retail vending of IMFL by draw of lot. In the advertisement notice various conditions including that one could apply for one location only whereas a person already holding any type of liquor license was not eligible for grant of license.
The selections of prospective licensees were made by draw of lot. The petitioners applied under the category of unemployed educated persons. They challenged the communication of August 12, 2005 wherein Excise Commissioner advised all the Deputy Commissioners Executive Jammu/Kashmir to adopt age criteria prescribed by the employment department for employment in government services. According to the petitioners who are more than the prescribed age limit and stated that since no age limit was fixed in the advertisement notice issued on June 25, 2005 prayed for quashing of the same. Justice Hakim Imtiyaz Hussain after hearing both the sides observed that Court do not find any case arises for violation of fundamental rights or any other provision of the constitution. The petitioners have not been preventive to apply for or participate in the process. They have duly applied and have also been considered. In some cases even the petitioners have succeeded in the draw of lot. It is only due to preference given to unemployed educated youth that they get excluded. This has been done under the policy which is not under challenge. So the arguments regarding violation of the fundamental rights cannot sustain. It is also argued by counsels for the petitioners that the rules for grant of license have been changed during the process. In the present case the criteria has not been changed during the process of grant of license. The criteria are already fixed by the policy framed under a government order and petitioners have applied under this very policy. The policy provides grant of preference to educated unemployed youth. The communication impugned only explains word Youth and adopted the criteria already fixed by the department of employment. Court further observed that the ex-serviceman cannot be subjected to any restriction with regard to the age limit. With these observations Court allowed the petition of ex-serviceman while dismissed the rest of others. ---JNF
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