The judgment established that unless there is an express provision for relaxation in eligibility criteria, candidates must possess the prescribed eligibility for participating in the recruitment process.

JUDGMENT :

(Sindhu Sharma, J.)

1. The Jammu and Kashmir Public Service Commission (hereinafter referred to as ‘JKPSC’) invited applications for filling up 69 posts of Civil Judge (Junior Division) in Subordinate Judiciary vide its Notification No. 38-PSC (DR-P) of 2023 dated 27.08.2023. The last date for receipt of the online applications was 17.09.2023, the preliminary examination is scheduled for 08.10.2023, and the mains examination is to be held from 08.11.2023 to 19.11.2023. The prescribed age for the candidates to participate in the recruitment process, as per the notification, is minimum 18 years and maximum 35 years as on 1st of January, 2023.

2. The petitioners are aggrieved of the impugned notification dated 27.08.2023 to the extent of prescribing the maximum age limit of 35 years, ignoring the fact that they had earlier applied pursuant to Notification No. PSC/Exam/2018-19/14 dated 09.10.2019 and are entitled to one-time age relaxation as they have become overage.

3. The contention of the petitioners is that the JKPSC in the year 2019, invited applications for 24 posts of Civil Judge (Junior Division)/Munsiff, vide notification No. PSC/Exam/2018-19/14 dated 09.10.2019. The petitioners at that point of time were fulfilling the requisite eligibility criteria had responded to the notification, but before the last date of receipt of application these posts were withdrawn vide notification dated 24.10.2019. It is submitted by the petitioners that impugned notification dated 27.08.2023 issued by respondent No. 4, for filing up 69 posts of Civil Judge (Junior Division) includes the 24 posts advertised vide notification dated 09.10.2019, but the petitioners are now ineligible to participate in the present selection process for the aforesaid 69 posts as they have become overage.

4. It is also pleaded that there was no recruitment process undertaken by the respondents for selection to the post of Civil Judge (Junior Division)/Munsiff from the year 2020 to 2022, therefore, no opportunity was available to the petitioners to participate/compete in the selection process while they were within the prescribed upper age limit, as such, they are entitled to one-time age relaxation to enable them to participate in the selection process.

5. This fact has been ignored by the respondents while notifying the maximum age limit by 35 years as on 01.01.2023 and the claim of all those candidates who had earlier applied pursuant to notification issued by the JKPSC dated 09.10.2019, against the 24 withdrawn posts have been ignored.

6. The petitioners also submitted that in terms of Rule 10 of the Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967, the selection for Civil Judge (Junior Division)/Munsiff as far as practicable is to be held annually. The respondents have not conducted any selection for the last three consecutive years, i.e., 2020, 2021 and 2022 due to Covid-19 pandemic and the petitioners who were within the prescribed age criteria have now crossed the maximum upper age of 35 years and have become ineligible for participating in the selection process.

7. The petitioners, thus, submit that they have been denied the opportunity to compete in the selection process now, as they have crossed the prescribed upper age limit, as such, it is incumbent upon the respondents to grant them one-time relaxation and enable them to participate in the selection process for the post of Civil Judge (Junior Division.

8. In support of their contention, the petitioners have also placed reliance on a notification bearing No. GAD-MTG0RIV/200/2021-09-GAD dated 15.02.2022 issued by the General Administration Department, granting ‘one-time age relaxation’ to overage candidates desirous for applying against the withdrawn posts. As per the notification, the candidates who had earlier applied against the withdrawn posts were deemed to be eligible in terms of the upper age limit, if they apply for the said posts. The petitioners submit that they too are e