In a significant order, a Bench of the Central Administrative Tribunal (CAT), Jammu, has directed the J&K Services Selection Board (JKSSB) to allow 241 overage applicants to participate in the ongoing selection process for the posts of Sub-Inspector in the police (Home Department).
The direction was issued by a bench of the CAT, comprising Member(Judicial) Rajinder Singh Dogra and Member (Administrative) Ram Mohan Johri, in response to an application filed by 241 overaged unemployed graduates seeking age relaxation to participate in the ongoing selection process conducted by JKSSB.
The Bench has directed the JKSSB to allow the applicants to participate in the selection process for the posts of Sub-Inspector notified vide Advertisement Notice No. 02 of 2024 dated 24 November 2024.
The CAT Bench, after hearing Advocate Sheikh Shakeel Ahmed along with Advocates Supriya Singh Chouhan, M. Zulkarnain Chowdhary, and Sameena Kouser appearing for the 241 applicants, further directed that the participation of the applicants shall be at their own risk and responsibility. However, the result of the selection of the applicants shall be kept in a sealed cover and shall await further orders from the Tribunal.
When the original application was taken up for hearing, Advocate SS Ahmed vehemently argued that public employment is a national wealth and all eligible candidates have a fundamental right of consideration to participate in a competitive examination. However, in the instant case, the maximum age for participation has been restricted to 28 years, and 241 applicants before the Tribunal became overaged due to inaction on the part of the indenting department (Home Department) as the advertisement was issued after a lapse of more than 3 years from the last selection process.
Advocate SS Ahmed highlighted SRO-166 of 2005, which mandates that all Administrative Secretaries of the J&K government refer vacancies to J&K PSC/SSB by the 15th of January every year. However, in the present case, the Home Department failed to comply with SRO-166 of 2005, resulting in a delay of more than three years in referring the vacancies to the SSB. Consequently, the applicants became overaged by more than three years.
Advocate SS Ahmed also referred to an order passed by the High Court of J&K and Ladakh at Jammu in WP(C) No. 3049/2024 titled Dinesh Singh Chib & Ors. v/s UT of J&K and Ors., whereby a Bench of the High Court of J&K and Ladakh at Jammu comprising Mr. Justice Javed Iqbal Wani directed the JKSSB to allow the petitioners to participate in the process of selection at their own risk and responsibility.
After considering the submissions of Advocate SS Ahmed, along with Advocates Supriya Singh Chouhan, M. Zulkarnain Chowdhary, and Sameena Kouser, appearing for the applicants, and Deputy Advocate General Hunar Gupta, appearing for the Home Department and JKSSB, the CAT directed the JKSSB to allow the 241 applicants to participate in the selection process for the posts of Sub-Inspector, as notified in Advertisement Notice No. 02 of 2024 dated 24 November 2024.