DB Uphold Tribunal judgment dimssing petition challenging no upper age relaxation for JK applicants in UPSC
JKUT (Jammu), August-18-2021-( JNF):- A Division Bench of Jammu & Kashmir High Comprising Chief Justice Pankaj Mithal and Justice Sanjay Dhar uphold the judgment of the Central Administrative Tribunal whereby Central Administrative Tribunal dismissed the petition seeking allow them to avail the benefit of relaxation contained in residents of Jammu and Kashmir (Relaxation of Upper Age Limit for Recruitment to Civil Services and Posts) Rules, 1997; and to quash the letter dated 31.12.2019, which restricted the relief up to that date.
While upholding the judgment of CAT, Division Bench observed that judgment and order of the Central Administrative Tribunal, Jammu Bench dated 11.05.2021 has been impugned by means of this writ petition. The petitioners claim that they are the residents of Union Territory of Jammu and Kashmir and are entitled to the benefit of age relaxation of five years as per the Notification dated 10.04.1997 in the matter of recruitment to the Central Government Services through Union Public Service Commission or the Staff Selection Commission or otherwise by the Central Government. This age relaxation granted to the candidates has been withdrawn which is illegal and unreasonable in view of the fact that it has been withdrawn only in respect of Central Civil Services only.
The Tribunal has dismissed the Original Application with the finding that it is a Policy Decision which cannot be the subject matter of judicial review.
DB found find no error or irregularity in the verdict of the Tribunal.
Counsel for the petitioners submits that the petitioners have been representing with regard to the extension of age relaxation to the various authorities including the Chief Secretary of the Union Territory of Jammu and Kashmir. Upon this DB observed that if that be so, the petitioners are at liberty to pursue their representation before the Chief Secretary or move a fresh representation before the Secretary to Government of India, Department of Personnel and Training, within two weeks from today. In case any such representation is filed, the Secretary to Government of India, Department of Personnel and Training, may consider it in accordance with law. JNF