Hon’ble Sudhanshu Dhulia, J. (Oral)

1. The petitioner applied for the post of Assistant Teacher (Primary School) in a Government School. The essential qualifications for appointment on the post of Assistant Teacher (Primary School) are that one should be a graduate with B.T.C or B.Ed. and should have qualified an examination known as “Teachers Eligibility Test” (from hereinafter referred to as “TET”). The petitioner has all the qualifications and consequently he applied for the post of Assistant Teacher (Primary School). He has applied as a dependent of a “freedom fighter”. His candidature has been rejected as the petitioner has been informed that his candidature has been rejected as he has crossed the upper age limit of 40 years.

2. Admittedly a candidate must not have reached the age of 40 years as on 01.07.2013. It is again admitted that when the petitioner applied for the post in question, his age was 44 years 09 months and 20 days, in other words, he had not completed 45 years of age, though he had crossed 40 years of age. He then relies upon a Government Order dated 21.05.2005 (Annexure No.5 to the writ petition), by which, inter alia, for the dependants of fre