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J&K High Court Upholds Cancellation of Underage Candidate's Selection for Aaya/Helper Post under Samagra Shiksha

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J&K High Court Upholds Cancellation of Underage Candidate's Selection for Aaya/Helper Post under Samagra Shiksha

Court Rules School Records Override Medical Age Certificate; Selection of Eligible Candidate with Lower Income Affirmed


In a recent judgment dated October 9, 2026, the Jammu & Kashmir and Ladakh High Court dismissed the petition filed by Mst. Sakeena Banoo challenging the cancellation of her tentative selection for the post of Aaya/Helper under the Samagra Shiksha scheme at Primary School Jabda. The court upheld the official respondents' decision to annul her selection on the ground that she was underage as per documentary evidence, despite a medical board certificate asserting she was 23 years old.


The controversy arose after an advertisement notification dated January 18, 2023, invited applications for Aaya/Helper posts. The petitioner had initially been tentatively selected and placed at serial number 12 in the select list. However, a corrigendum dated February 17, 2023, replaced her with another candidate, Respondent No. 4, due to objections regarding the petitioner's age eligibility.


The petitioner contended that the Medical Board certificate, which showed her age as 23 years, should prevail over other records. She also argued that her annual income was below ₹50,400, which was lower than the ₹74,000 annual income of the selected candidate, entitling her to priority under the guidelines.


The court, presided over by Justice Rajnesh Oswal, examined the evidence submitted by both parties. The official respondents had relied on the petitioner's 8th standard qualification and school discharge certificate issued by the Government High School, Nagasari, Kalaroos. This document recorded her date of birth as March 4, 2005. According to the applicable Samagra Shiksha guidelines dated January 9, 2023, candidates must have attained 18 years of age by January 1, 2023. Calculations based on the school record showed the petitioner was only 17 years, 9 months, and 28 days old on that date, rendering her ineligible.


The court reiterated the established legal principle that where official academic records specify a candidate's date of birth, such documentary evidence holds greater evidentiary value than medical age determination certificates. Consequently, the corrigendum canceling the petitioner's tentative selection was deemed lawful and valid.


Furthermore, the court highlighted that priority in selection under the Samagra Shiksha scheme is accorded to candidates with the lowest verified annual income. Since Respondent No. 4 was eligible and had the lowest income among qualified candidates, her provisional selection was justified.


In dismissing the writ petition, the court found no merit in the petitioner's arguments and ordered the return of records to the Deputy Advocate General.


This judgment underscores the importance of documentary proof, especially educational certificates, in age verification processes for government recruitments. It also affirms adherence to guidelines designed to ensure transparency and fairness in selection procedures.


Bottom Line:

Engagement of Aaya/Helper under Samagra Shiksha - Candidate must have attained 18 years of age as on 01.01.2023 - Where school/educational record shows date of birth, medical age determination certificate cannot override such documentary proof - Corrigendum cancelling tentative selection of underage candidate and selecting eligible candidate with lower annual income held valid.


Statutory provision(s):

Samagra Shiksha Guidelines Order No. 07 of CHIRAG-2023 dated 09.01.2023


Mst. Sakeena Banoo v. UT of J&K, (Jammu & Kashmir and Ladakh)(Srinagar) : Law Finder Doc Id # 2995582

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