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| HC orders relaxation of migrant’s upper age limit | | | EARLY TIMES REPORT
JAMMU, Nov:13 (JNF):- In a petition filed by one Ashok Kumar Bhat seeking appointment as teacher under the policy of Union of India for providing employment package to the members of a community, who have migrated from Kashmir Valley after November 1, 1989. Under this policy the State Govt issued SRO 412 dated December 30, 2009 called as Jammu and Kashmir “Kashmiri Migrants (Special Drive) Recruitment Rules, 2009”. The SSRB vide its Advertisement Notice January 12, 2010 invited applications for various posts. The eligibility provided amongst other things including the age of a candidate shall not below 18 years and above 37 years in case of Open merit category candidates; one of the condition is that the appointment orders of the selected candidates shall be issued only after the selectee reports in the Valley after furnishing the requisite documents including the agreement in the prescribed form.
Petitioner has also applied for the post of Teacher. The basic qualification prescribed for the said post in terms of the advertisement notice is 10+2, preference has been given to the candidates having higher qualification and those having passed M.Ed, B.Ed and diploma in ETT/ NTT. In this category, the upper age limit was 37 years. The application form of the petitioner was not entertained by the respondent- Service Selection Board on the ground that the date on which the advertisement notice was issued and petitioner has challenged the this rejection.
Justice Sunil Hali of Jammu & Kashmir High Court Jammu Wing after hearing both the sides observed that the petitioner who might have crossed the upper age limit and could not found employment during that period for various reasons. It is a special and peculiar situation where the objective is to provide employment, who is seeking rehabilitation in Kashmir Valley for which all those persons who are qualified and made the grade are required to be accommodated. If strict application of the rules is required to be made, most of the posts are likely to remain unfilled, which will undo the policy. In such a situation liberal view has to be taken by the respondents in the matter of granting relaxation in the upper age limit. Reliance has also been placed by the petitioner on a Government Order No. 1500-GAD of 2000 dated December 21, 2000, which contemplates that relaxation can be granted in case where the candidate is exceptionally qualified.
Court further observed that the qualification for the post of Teacher is 10 + 2 and the petitioner is admittedly M. A., B. Ed with an experience of working as Lecturer on contractual basis, looking to the fact that this appointment is confined to a particular class, it cannot be said that petitioner is not exceptionally qualified in such a situation. This position may not hold good where the area of consideration is District or Province level. This can also be one of the grounds for considering his case for relaxation of age. Moreover, it be noted that petitioner has already made the grade. He has secured 51.79 points, whereas the cut of point in the open merit category is 37.58. The rules admittedly work harshly on the petitioners. Be that as it may, this issue is to be considered by the competent authority, who is required to take a decision in this behalf after considering this aspect and the observations made hereinabove.
With these observations Court allowed the petition and directed the respondents for relaxation of upper age limit within a period of two months. JNFJNF/NOVEMBER/13/2010/2
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