Statutory rules providing age relaxation for residents of Jammu and Kashmir are continuous policy measures that prevail over specific advertisement conditions, and partial residence within the prescribed timeframe is sufficient to qualify for the relaxation benefit in public employment recruitment.

Judgment

Per Dr. Pushpendra Singh Bhati, J:

1. The present writ petition Article 226 and 227 of the Constitution of India has been preferred claiming the following reliefs:

"It is, therefore, most humbly and respectfully prayed that by appropriate writ, order or direction:

a) the writ petition may kindly be allowed;

b) the judgment dated 11.07.2019 (Annex-9) passed by the learned tribunal may kindly be quashed and set asie; and

c) the respondent may be directed to provide suitable appointment to the petitioner with all consequential benefits; or

d) any other appropriate writ, order of direction which this Hon'ble Court deems fit and proper in the fact and circumstances of the case any kindly be passed; and/or

e) Costs may be awarded to the petitioner."

2. The brief facts of the case are that that the petitioner, being an aspirant for the post of Telephone Operator Grade-II in the Indian Air Force, participated in a recruitment process initiated pursuant to an advertisement dated 04.04.2015 issued by the respondent authorities for filling up four posts, comprising two unreserved and two reserved vacancies. The prescribed age limit for candidates under the unreserved category was 18 to 25 years, with relaxation applicable only to specified reserved categories.

2.1. The petitioner, claiming to be fully eligible, applied within time and participated in the selection process, which comprised a written examination, practical/skill test and interview conducted on 09.08.2015. Upon culmination of the selection process, a merit list dated 10.08.2015 was prepared, wherein the petitioner was placed at Serial No.1 in the standby list (General Category) and at Serial No.3 in the overall merit list of unreserved candidates.

2.2. Respondent No.4, namely Shri Mustaq Ahmed Bhat, was selected at Serial No.2 in the unreserved category. The petitioner, upon obtaining information under the Right to Information Act, came to know that Respondent No.4, whose date of birth is 21.03.1988, was aged about 27 years, 1 month and 4 days on the last date of submission of applications, i.e., 25.04.2015, and thus exceeded the prescribed upper age limit of 25 years applicable to the unreserved category.

2.3. The petitioner raised objections before the respondent authorities contending that Respondent No.4 was ineligible being overage, and that his selection and appointment were contrary to the recruitment rules and advertisement conditions. However, no relief was granted to the petitioner.

2.4. The petitioner preferred an Original Application being O.A. No. 290/00308/2016 before the Central Administrative Tribunal, Jodhpur Bench, challenging the selection and appointment of Respondent No.4 and seeking his own appointment against the said post. The respondent authorities justified the selection of Respondent No.4 by contending that he was entitled to age relaxation of five years under the applicable rules relating to residents of the State of Jammu and Kashmir, on the basis of a certificate issued by the District Magistrate, Budgam, certifying his residence in the Kashmir Division for a part of the relevant period.

2.5. The learned Tribunal, vide order dated 11.01.2018, initially directed the respondent authorities to ascertain whether the benefit of age relaxation under the relevant rules had been extended beyond 31.12.2013, and to pass a speaking order accordingly