- (1.) This appeal seeks to challenge the order passed by a Division Bench of the High Court of Jammu and Kashmir dated 24.2.2004 in LPA No. 133/2003, confirming the order dated 8.9.2003 passed by a learned Single Judge dismissing the Writ Petition No. SWP 994/2002 filed by the appellant. Facts leading to this appeal are this wise -
(2.) The appellant belongs to a Scheduled Tribe. He is born on 31.1.1965. He was appointed as an adhoc Munsif in the Jammu & Kashmir Judicial Service on 13.8.2001. Subsequently, he applied for the post of Munsif in the Scheduled Tribe category when a notification was issued by the Jammu and Kashmir Public Service Commission on 4.12.2001 for the regular appointments. The notification required the person to be of not more than thirty five years of age as on the 1st January of the year in which the notification was issued. In view thereof, the Commission informed him by communication dated 21.5.2002 that his application was rejected since he was overage by eleven months.
(3.) Being aggrieved by that order the appellant filed the above referred Writ Petition. A Single Judge who heard the matter, noted that as per rule 7 of Jammu and Kashmir Civil Services (Judicial) Recruitment Rules 1967 (Judicial Services Recruitment Rules for short), the appellant was in fact overage. This rule reads as follows:- "7. Age. No person shall be recruited to the service who is more than 35 years of age on the first day of January preceding the year examination is conducted by the Commission for Recruitment to the Service." While dismissing the petition, the Single Judge noted that by the time that matter was heard, the appellant had crossed the age of 37 years which he claimed as the permissible age for the Scheduled Tribe candidates. The Division Bench which heard the Letters Patent Appeal also accepted the view taken by the learned Single Judge, and therefore dismissed the appeal.;