J&K Constable Recruitment | High Court grants temporary relief to 79 elderly candidates seeking relaxation of age for recruitment to constable posts

I instruct the UT of J&K to consider the possibility of participation of overage candidates Justice M.A. Choudhary noticed

“While considering the case, after hearing learned advice from both sides, as an interim measure, the respondents are requested to consider the candidatures of the applicants, irrespective of their maximum age, for taking the test for the post of Constables to consider the applications of the applicants provisionally and conduct the tests along with other candidates who have applied for vacancies. However, their appearance in the examination will not give them any additional incentive to consider the appointment, which will depend on the outcome of the application.”

The petition filed by Deepak Sharma and 78 others under Article 226 of the Constitution of India challenges the advertisement notification issued by the Jammu and Kashmir State Services Selection Board (JKSSB) for the recruitment of constables in the J&K Police.

The petitioners, represented by advocate Rameshwar Singh Jamwal, argued that the constable recruitment process is being carried out after a significant gap of eight years during which many candidates crossed the maximum age limit due to delays aggravated by the COVID-19 pandemic. Even though these candidates had the requisite qualifications ranging from postgraduate admission, they were barred from applying due to age restrictions which they felt were discriminatory and violated their fundamental rights, he said.

The petitioners further highlighted that similar relaxations were provided in the past for other posts and pointed out the orders which extended the age limit for the posts of Sub-Inspectors from 30 to 32 years and sought similar relaxation up to three years to ensure fair consideration.

Justice Choudhary, after hearing both sides, granted interim relief and directed the authorities to temporarily accept applications from overage candidates and allow them to appear in the recruitment test scheduled for December 1, 2024.

However, the court clarified that their participation in testing would not automatically qualify them for appointment since their final selection would depend on the outcome of the petition.

The case was transferred for further consideration on February 21, 2025.

Case Name: Deepak Sharma and 72 Ors v. UT of J&K

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