Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Recruitment - Jammu and Kashmir Police Rules, 1960 - Rule 176 - Direct recruitment of Prosecuting Officers in Jammu & Kashmir Police -Advertisement issued - Essential suitability conditions laid down - One such condition with regard to age/physical qualifications to be possessed by the applicants - Rule 176 of the Jammu & Kashmir Police Rules stated to be applicable to the advertisement - Respondents-applicants disqualified on the ground that they did not possess the necessary physical qualifications - They filed writ petitions seeking for relaxation regarding minimum physical standards! qualification laid down in the advertisement as also in Rule 176 of the Police Rules - High Court held that Prosecuting Officers are required to exhibit mental ability rather than physical strength and that the candidature of the respondents cannot be rejected merely on the ground that they did not fulfill physical criterion - Consequently, it directed that the cases of all the respondents be considered for appointment - On appeal, held: The only prayer made in the writ petitions filed by the respondents was to grant relaxation to the criteria and standard of physical conditions prescribed for and required to be fulfilled - In the writ petitions, neither the validity of Rule 176 with regard to physical conditions was challenged nor such conditions prescribed in the advertisement were challenged on the ground of validity- High Court went beyond the pleadings in holding that the physical conditions laid down were bad and arbitrary - The Court was not justified to decide the validity of the aforesaid Rule and the advertisement without there being any challenge to the same - It was not appropriate for the High Court to set aside the said physical conditions which were mandatory in nature - Pleadings. |
Judge | Hon'ble Mr. Justice Mukundakam Sharma |
Neutral Citation | 2011 INSC 281 |
Petitioner | State Of J & K & Anr |
Respondent | Ajay Dogra |
SCR | [2011] 6 S.C.R. 57 |
Judgement Date | 2011-04-07 |
Case Number | 3066 |
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