JUDGMENT :

Arijit Banerjee, J.

1. This writ application is directed against an order dated March 19, 2024, passed by the Central Administrative Tribunal Kolkata, dismissing the petitioner’s Original Application being O.A. no. 351/1021/2023 for a direction on the respondent authorities to accord necessary age relaxation to the applicant in terms of the Government Circular dated September 19, 2011.

Arguments on behalf of the writ petitioner:-

2. The petitioner completed his M.Ed degree in the year 2012. He belongs to unreserved category. On November 6, 2013, he was appointed on contractual basis under the “Directorate of Education”, Andaman & Nicobar Administration. Since then, till date, he is working under the Directorate of Education, teaching social science from Class VI to X.

3. A vacancy notice dated May 10, 2023, was issued by the Directorate of Education, Andaman and Nicobar Administration, for RECRUITMENT TO THE POST OF POST GRADUATE TEACHER IN DIFFERENT SUBJECTS AND MEDIUMS IN GROUP “B” NON-GAZETTED, NON-MINISTERIAL POSTS UNDER DEPARTMENT OF EDUCATION, A & N ADMINISTRATION.

4. The petitioner submitted his online application on May 30, 2023.

5. On July 6, 2023, a provisional list of ineligible candidates for the Post of Post Graduate Teacher (History) was published by the authorities. In the remarks column, against the name of the petitioner, it was mentioned “over aged”.

6. Being aggrieved, the petitioner submitted a representation dated July 14, 2023, to the Education Secretary.

7. On July 21, 2023, a provisional marks statement with remarks in connection with the aforesaid vacancy notice was published. Against the name of the petitioner it was mentioned:- “Over Aged. Insufficient years of service as SSCT for age relaxation”.

8. Learned Advocate for the petitioner referred to a Circular dated September 19, 2011, issued by the Andaman & Nicobar Administration, pertaining to relaxation of upper age limit. The Circular reads as follows:-

“Reference is invited to this Administration’s Circular No. 45/96-P.W. dated 06.06.2001 (Copy enclosed), wherein guidelines were issued regarding age relaxation to certain categories of employees.

The matter regarding extension of similar age relaxation to Daily Rated Mazdoors (DRMs) and Contract employees, including those appointed as Sarva Shiksha Contract Teachers (SSCT), who have been working as such for prolonged periods, has been engaging the attention of the administration for quite some time past.

It has been brought to the notice of the Administration that although the above categories of employees were well within their age limit at the time of their initial engagement/appointment, however, over a period of time, they get over-aged when the regular vacancies become available, thus, depriving them of their chance to apply for regular appointments/compete with others.

It has therefore been decided that all such candidates would be eligible to be considered for age relaxation subject to the actual period spent as SSCT/Adhoc/Contract for working in the department to which they are applying. However, in the case of DRMs/Adhoc/Contractual workers the total period spent in each of the departments of this Administration shall be counted irrespective of the department where they are applying for regular appointment, provided the post is general in nature and it does not require any specific technical qualification. It goes without saying that all cases of age-relaxation are subject to the primary condition that at the time of their initial engagement as SSCT/Adhoc/Contract/DRM, these employees were not over age.”

9. Learned Advocate also referred to Order no. 2758, dated October 20, 2022, issued by the Andaman & Nicobar Administration, which reads as follows:-

“The direct recruitments proposed to be conducted by various Departments of Andaman & Nicobar Administration could not be conducted in the recent past due to Covid-19 pandemic. In the meantime, many aspiring candidates have become over aged and t