The first respondent was age barred, but sought to rely upon an order dated 14 2 1985 in the following words Sanction is accorded to the relaxation of upper age bar by two years, eight months and twenty three days in favour of Shri Sudarshan Singh Jamwal, Librarian, High Court of Jammu and Kashmir.
The appellant moved the High Court in review pointing out that Rule 9 A had been deleted from the said Rules by reason of an amendment made in August 1974.
Rule 7 of the Jammu and Kashmir Civil Service Judicial Recruitment Rules, 1967, provided that numberperson should be recruited to that service who was more than 35 years of age on the first date of January preceding the year the examination for recruitment was companyducted by the appellant Commission.
The said Rules had earlier provided for such relaxation in Rule 9 A, which read thus 9 A. Notwithstanding anything companytained in Rules 7 and 9 of these Rules, the Governor may, on the recommendation of the Court, exempt any person who holds any post under the Government by virtue of which he has kept himself in touch with and gained sufficient experience in the knowledge and application of law, from the operation of Rules 7 and 9.
The writ petition was allowed on the basis that the State Government was companypetent to relax the age bar.
Law Department Meeting with resistance from the appellant, the first respondent moved the High Court of Jammu and Kashmir in a writ petition.
By order of the Government of Jammu and Kashmir.
sd Secretary to Govt.
