Eligibility criteria for recruitment, including age limits, cannot be altered mid-process, and horizontal reservation for age relaxation is not permissible under existing rules.

ORDER :

The Writ Petition has been filed in the nature of a Certiorarified Mandamus, calling for the records of Notification No.1 of 2025 dated 24.01.2025 issued by the 2^nd respondent and to quash the same and consequently, direct the 2^nd respondent to issue fresh notification in line with the UGC norms and regulations with Higher Education Department of Tamil Nadu Rules and Regulations.

2.The petitioner had applied for the post of Assistant Professor (Pre- Law) consequent to notification issued by the 2^nd respondent / Teachers Recruitment Board dated 24.01.2025.

3.The learned counsel for the petitioner stated that the writ petitioner belongs to Scheduled Caste community and therefore, there must be a relaxation in age of five years granted and therefore, contended that the maximum age limit of 40 should be relaxed to 45 years and further, in accordance with the experience, one additional year must be granted. However, in the notification, it is contended that this particular relaxation of additional five years has not been granted to the petitioner, who belongs to the Scheduled Caste community.

4.It is seen from the notification that vertical reservation has been granted and it had been very specifically stated that 69% of the communal reservation would be followed vertically as per existing Government Rules/Orders, namely, 18% shall be reserved for the Scheduled Caste including 3% reservation for the Scheduled Caste Arunthathiyars (SCA) on preferential basis amongst the Scheduled Caste, 1% for the Scheduled Tribes and further percentage for other communities. It is however stated that horizontal reservation for age relaxation has not been provided horizontal reservation is applicable for 30% of women within the vertical reservation. There cannot be a further horizontal reservation within the horizontal reservation. The view stated by the learned counsel for the petitioner may therefore not withstand the judicial scrutiny. There can be vertical reservation and within the vertical reservation, there can be a horizontal reservation for women, for physically disabled and for such other special categories. But, within the horizontal reservation, there cannot be a further reservation with respect to age. I am not able to accede to the contention raised by the learned counsel for the petitioner.

5. Similar matters had come up for consideration before this Court in W.P.Nos.5860 & 5165 of 2025 and by common order dated 27.02.2025, this Court had held as follows:

“3. The only issue raised in these Writ Petition is with respect to the criteria relating to the age within which the candidate could be considered eligible to apply for the said post. Under the notification dated 24.01.2025, the Teacher Recruitment Board stipulated the age as on 01.07.2025. It had been contended that no person shall be eligible for appointment by direct recruitment to the post of Assistant Professor and Assistant Professor (Pre-Law), if he / she had completed the age of 40 years as on 01.07.2025. It had also been further provided that for the appointment to the post of Assistant Professor, for each year of service, whether regular or temporary, in any of the teaching course in a law college in the State, the age limit will be increased by one year subject to a maximum for five years.

4. The only interpretation that could be given to this particular stipulation is that as on 01.07.2025, the candidate who aspires to apply to the post of Assistant Professor (Law) and Assistant Professor (Pre-Law) should not have crossed the age of 40 years. But however, if the said candidate had served in a teaching profession either on regular basis or on part time basis which could also include a Guest Lecturer, then one year weightage is given for each year of such service rendered as Lecturer either full time or part time. But that would be subject to a maximum of 5 years. This would automatically increase the eligible age criteria to 45 years to those, who had put in 5 years of s