Court Emphasizes Jurisdiction of Central Administrative Tribunal; Denies Age Relaxation in Sub-Inspector Recruitment Process
In a significant ruling, the Jammu and Kashmir High Court, presided over by Justice Rahul Bharti, dismissed two writ petitions seeking age relaxation for participation in the recruitment process for Sub-Inspector posts in the Jammu & Kashmir Police. The petitions were filed under WP(C) No. 3049 of 2024 and WP(C) No. 28 of 2025 by Dinesh Singh Chib and others, challenging the age limit set in Advertisement Notification No. 02 of 2024.
The petitioners argued for an age relaxation from 28 to 30 years, citing precedents set in previous recruitment processes. However, the High Court rejected the petitions on the grounds that the petitioners had not exhausted their remedy of approaching the Central Administrative Tribunal, Jammu Bench, as required under Section 28 of the Administrative Tribunals Act, 1985. This section ousts the jurisdiction of the High Court to entertain such matters directly.
Justice Bharti highlighted that the court's role is to examine decisions made by competent authorities through judicial review. In this instance, no decision had been made by the authorities as the petitioners had not first approached the relevant authority or the Central Administrative Tribunal. The court emphasized that it cannot act as the primary decision-making body in administrative matters.
The court also noted that the age relaxation previously granted under Advertisement Notice No. 06 of 2021 was due to the unique circumstances of the COVID-19 pandemic, which delayed the recruitment process. The petitioners failed to demonstrate a similar necessity for the current recruitment process under Advertisement Notification No. 02 of 2024.
Consequently, the court dismissed the petitions, affirming that the petitioners must first pursue their grievances with the appropriate administrative or tribunal authorities. Any interim directions previously granted were also vacated.
This decision underscores the importance of following procedural requirements and exhausting available remedies before seeking judicial intervention in administrative matters.
Bottom Line:
Recruitment process - Petitioners sought age relaxation to participate in the selection process for Sub-Inspector posts but had not approached the concerned authority or the Central Administrative Tribunal, Jammu Bench, before filing the writ petitions in the High Court. The High Court dismissed the petitions, citing lack of maintainability under Section 28 of the Administrative Tribunals Act, 1985.
Statutory provision(s): Administrative Tribunals Act, 1985 Section 28
Dinesh Singh Chib v. UT of J&K, (Jammu And Kashmir) : Law Finder Doc Id # 2840493
