SHABIR AHMED Vs. STATE

JUDGEMENT

(1.) PETITIONERS claim relaxation of upper age limit for seeking appointment as Dental Surgeon in the Health and Medical Department. They claim to be in service candidates working on ad hoc/contractual basis from various dates. Vide notification dated 18 -2 -2008 issued by respondent -2, applications were invited for appointment as Dental Surgeons in the Health and Medical Education Department. The upper age limit prescribed for seeking appointment to the said post was 37 years for direct recruits and 40 years for the persons who were already in service. The petitioners admittedly on the basis of aforesaid notification could not seek appointment as they had crossed 40 years of age. They could claim appointment only if the age was relaxed in their favour, which seems to have not been done, as a result of this, they are before this court.

(2.) THEY petitioners claim to have been appointed on ad hoc basis on 30 -11 -2000 initially for a period of 89 days but this order has been continued till date. On the day of notification, the petitioners were 41 years and some months old. They claim that the note appended to the aforementioned notification regarding age indicates that the age could be relaxed in case of persons who possess exceptional qualification relevant in the concerned subject. It is contended that because of their continuance on adhoc basis for more than eight years, they had exceptional qualification for purpose of seeking relaxation in age. It is further contended by the petitioners that for in -service candidates, upper age limit of 45 years is provided under Rule -10 of the J&K Medical (Gazetted) Service Recruitment Rules, 1970.

(3.) ON the other hand, stand of the respondents is that the petitioners are not eligible, to seek appointment, as they have already crossed the age of 40 years provided for the in -service candidates. The age relaxation cannot be provided by taking recourse to the note appended to the aforementioned notification, as gaining experience on the post does not mean acquiring exceptional qualification. The qualification is to be acquired not by experience but by qualifying certain courses. In nutshell, the case of the respondents is that they are not eligible for appointment and no relaxation can be granted to them for relaxing the upper age limit.