Srinagar, Nov 13: The High Court has directed the Public Service Commission to permit the candidates, who were ineligible as per the new upper age limit prescribed by the state government, to appear in the Kashmir Administrative Service (KAS) preliminary examination at their own risk and responsibility. However, their results shall not be declared till court decides on the petition filed by an aspirant, Zahoor Majid. The examination is scheduled to be conducted on Sunday, Nov 14.
  The court admitted the petition challenging the newly introduced age limit, which is 35 for open merit, 37 for reserved and in-service candidates and 38 for physically challenged candidates.
 On April 19, the state government issued an SRO-167 prescribing the upper age limit for both open as well as in-service category. State government through its counsel A M Magray said, “Under proviso to Rule 5 of the Jammu and Kashmir Combined Competitive Examination Rules, 2008, the state government has the power to prescribe, for any particular examination, any upper age limit for general and reserved category candidates.”
 However, court permitted the petition on the ground to know to which extent the said power has been exercised fairly and properly. 
 The petitioner challenged the new age limit on the ground that consistently the state government has kept the upper age limit for the general category as 37-years and for in-service as 40 years. According to the petitioner, “It is a case of change of policy and violation of Article 14 of the constitution.” 
 The candidates said they filed a representation before the competent authority seeking relaxation in the upper age limit. However, it was rejected, they said. 
 They submitted before the court that in all other services the upper age limit has been 37 years in case of open merit and 40 years in case of in-service candidates.
 State counsel in its argument said, “State cannot be compelled to provide a particular upper age limit while exercising its power of relaxation.” 
 Government justified the new age limit on the reason that the KAS examinations are being held regularly. “Therefore, the rules have been followed considering the provisions of law governing the subject,” government said.
 After hearing both the sides court admitted the petition and listed the case for final disposal on next hearing in the week commencing from Dec 19, 2010.  The court directed the state government to file objections in two weeks and rejoinder, if any, within one week. Meanwhile, court directed the respondents to permit the petitioners to appear in the preliminary examination at their own risk and responsibility.

Lastupdate on : Fri, 12 Nov 2010 21:30:00 Makkah time
Lastupdate on : Fri, 12 Nov 2010 18:30:00 GMT
Lastupdate on : Sat, 13 Nov 2010 00:00:00 IST