Tuesday, October 4, 2011

[ZESTCaste] No age relaxation for SC,STs if rules don't permit: SC



No age relaxation for SC,STs if rules don't permit: SC
New Delhi, Oct 3(PTI)

Socially backward candidates like Scheduled Castes and Scheduled
Tribes cannot be granted age relaxation in jobs if the statutory rules
do not provide for such benefits, the Supreme Court has ruled.

A bench of justices J M Panchal and H L Gokhale said if rules do not
allow age relaxation, courts are not empowered to give direction for
relaxing it.

"If there is no age relaxation in the rules, the same cannot be
brought in by any judicial interpretation. In the circumstances we do
not find any error in the judgement of the Single Judge or that of the
Division Bench," the apex court said.

The apex court passed the judgement while dismissing the appeal filed
by Jamaluddin, an ad hoc Munsif in Jammu & Kashmir.

The bench, however, asked the high court to consider on the
administrative side relaxing the rule since such an age relaxation is
provided for in the State's higher judicial services.

He was appointed as an ad hoc Munsif in the Jammu & Kashmir Judicial
Service on August 13, 2001. Subsequently, he applied for the post of
Munsif in the ST category when a notification was issued by the J&K
Public Service Commission on December 4, 2001 for regular

The notification required the person to be of not more than 35 years
of age as on January one of the year in which the notification was

Jamaluddin's application was rejected as he was over aged by 11 months.
A single judge of the J&K High Court upheld the Commission's decision
and the Division Bench affirmed it, upon which he appealed in the apex

Jamaluddin's contention was that the age limit for entering into
government service was upto 38 years for SC, STs, therefore his
application should have been accepted. He also pointed out that
similar age relaxation was granted for entry into the higher judicial

The State, however, defended the rule saying the age group for the
higher judicial service from the general category was 35 to 45 years,
but for SC, STs and OBCs a relaxation in age of two years was
permissible as candidates from thesecategories were not easily
available for the Higher Judicial Services.

"We quite appreciate the submission made on behalf of the appellant,
and we quite see that there is some kind of anomaly in the sense that
there is no age relaxation at the level of Munsifs, though it is so
provided at the level of entry into the Higher Judicial Service," the
bench said.

It, however, hastened to add that the high court should consider
relaxing the rule for the Munsif posts too on the lines of the higher
judicial service.

"Although, we are not inclined to interfere with the order passed by
the high court on the judicial side, we do feel that the high court on
its administrative side should examine the issue as to whether age
relaxation should be provided to the candidates belonging to SC, ST
and OBCs appearing for the Judicial Service Examination at the Munsif
level as is provided to the candidates appearing for the Higher
Judicial Service Examination.
"We hope that this will be done without much delay," the bench said.

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