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Meghalaya HC dismisses petition seeking uniform age relaxation in police recruitment

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Shillong, Sept 11: The Meghalaya High Court on Tuesday disposed of a petition seeking application of uniform age relaxation in the Meghalaya police job recruitment process.

The petition was filed by Barilang Pyngrope and three others – Joplang Shyrkon, Ialehlang Kharkongor and Harningstar Marshiangbai.

Pyngrope had appeared in person to present her case, and has strenuously argued that the memorandum dated 03.02.2022 whereby the upper age limit for entry into Government service had been relaxed from 27 to 32 years with a further relaxation of 5 years for candidates belonging to Scheduled Tribes and Castes communities should have been uniformly applied for the recruitment to 1255 vacancies in various posts in the Police Department as given in the advertisement dated 06.03.2024.

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She further submitted that the memorandum in carving out an exception for certain categories of posts such as, the Home (Police) Department is discriminatory and has affected the right to employment of candidates aspiring for jobs, such as her.

In its order passed on Tuesday, the Court said, “As such, in the considered view of this Court, no prima facie case is made out for the grant of any interim orders at this stage, and the prayer accordingly stands rejected. The authorities relied upon by the learned counsel for the petitioners in the fact and circumstances of the case, being of no assistance are not discussed herein.”

“The matter being situated thus, and also in view of the fact that the prescription of age is as per Sections 23 and 29 of the Meghalaya Police Act, coupled with the added fact that the recruitment process is already underway with the last date of receipt of applications being as far back as 31.05.2024, nothing survives for consideration in the instant writ petition and the same is accordingly closed and disposed of,” it added.

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The Court said that the Personnel & A.R. (A) Department is allowed to set the age limits for certain categories of post for Home (Police) and for certain other Departments.

“From the materials as placed, it is seen that in furtherance thereto, the said Department by an Office Memorandum dated 01-05-2024, had set the upper age limit for Sub-Inspectors at 27 years and Constable at 21 years. It has been further stated on affidavit that the said Memorandum dated 01-05-2024:MLHC:8322024, is in consonance with the provisions of Section 23 and 29 of the Meghalaya Police Act. A perusal of the Meghalaya Police Act with regard to prescription of upper age limit for Constables at Section 23 (1) and 29 (2) supports this contention of the State respondents,” it said.

“The writ petitioners by way of the instant writ petition have limited their challenge only to the impugned advertisement on the ground that it is not as per the Office Memorandum dated 03-02-2022, and have not questioned the prescription given by the Meghalaya Police Act nor have they assailed the Office Memorandum dated 01-05-2024,” the court further pointed out.

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