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Supreme Court of India 2021-09-29 partly_allowed

The State of Jammu And Kashmir & Ors vs Shaheena Masarat & Anr

Bench: 2 — L. Nageswara Rao, Sanjiv Khanna

In Brief

The State of Jammu and Kashmir appealed against a High Court order directing appointment of both respondents as Rehbar-e-Taleem (Re-T) teachers from a single vacancy. The Supreme Court held that Respondent No. 2 was ineligible as she had exceeded the mandatory upper age limit of 35 years on the applicable cut-off date. The Court ruled that age limits in public employment must be strictly observed to comply with constitutional equality principles, and that interpreting 'as far as possible' language as discretionary would confer unconstitutional unbridled power. The Court approved appointment of Respondent No. 1 but set aside the direction to continue Respondent No. 2, directing instead accommodation in another vacancy.

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Constitutional Law Administrative Law Public Employment Eligibility Criteria Age Limit

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