By Our Reporter
SHILLONG, May 29: The High Court of Meghalaya has refused to give an interim order in the matter of alleged irregularities in the upper age limit set for recruitment in the Meghalaya Police.
The interim order was sought to allow candidates beyond the upper age limit to provisionally apply for the post as advertised pending the outcome of the writ petition, and to allow the receipt of online applications from candidates who could not apply earlier for having been considered over-aged according to the impugned advertisement.
L. Nghaka, the counsel for the petitioners, cited several decisions of the Supreme Court in support of his prayer for interim orders when the high court heard the matter on Tuesday.
Pointing out that the issue revolves around the office memorandum (OM) of February 3, 2022, and the exception mentioned therein about the age limit, he said another OM of September 7, 2012, needs to be considered.
The counsel said the Supreme Court had advised interim orders in such cases. He also submitted that an interim order would be in the public interest as there would be no irreparable loss if the petitioners were allowed to provisionally apply and appear for the selection.
Additional Advocate General T. Yangi B. and Government Attorney ZE Nongkynrih argued against the submission and said the age limit was notified according to Sections 23 and 29 of the Meghalaya Police Act of 2010. They also said the OM of February 2022 allowed the respondents to set the minimum and maximum age limits.
The court observed that the interim order has been sought close to May 31, the last date for the submission of applications for recruitment in the state police, as advertised on March 6. It also found that the upper age limit was increased from 27 to 32 years via the OM of February 3, 2022, with a further relaxation of 5 years in the upper age limit for candidates belonging to the Scheduled Tribe and Scheduled Caste categories.
According to the court order, the Personnel and AR (A) Department was allowed to set the age limits for certain categories of posts for Home (Police) and for certain other departments.
From the documents placed, the court said the department concerned set the upper age limit for sub-inspectors at 27 years and constables at 21 years by an OM on May 1, which aligns with the relevant sections of the Meghalaya Police Act.
The order said that the petitioners limited their challenge to the impugned advertisement, maintaining it is not according to the February 2022 OM and did not question the age limits.
“As such… no prima facie case is made out for the grant of any interim orders at this stage, and the prayer accordingly stands rejected,” the order by Justice HS Thangkhiew read.