JUDGEMENT & ORDER :

A.GUNESHWAR SHARMA, J.

[1] Heard Ms. H. Malemleima, learned counsel along with Mr. N. Bipin, learned counsel and Mr. A. Arunkumar, learned counsel for the petitioner and Mr. Wungpam Lungmi, learned counsel for the respondents.

[2] The petitioner herein is aggrieved by letter dated 15.06.2009 issued by Assistant Registrar (Rectt.), Indira Gandhi National Open University (IGNOU) Maidan Garhi, New Delhi to the Regional Director, IGNOU Regional Centre, Asha Jina Complex, North AOC, Imphal, thereby rejecting the request of the petitioner for relaxation of age for appointment to the post of JAT (Junior Assistant cum Typist).

The brief facts of the present petition is as follows:

[3] Vide order dated 05.09.1990, the petitioner was appointed as part time Assistant at IGNOU, Imphal Study Centre with the conditions that her assignment will be effective from 01.08.1990 for a term of one year and allowance @ Rs. 400/- per month and she would not claim any request for regularization.

[4] Vide order dated 20.02.1996, her term of appointment was extended up to 31.12.1996 at the remuneration of Rs. 500/-.

[5] Vide another order dated 20.12.2000, the petitioner was appointed as attendant on contract basis at IGNOU, Regional Centre Imphal on a consolidated salary of Rs. 3,596/- per month for a period of 6 months w.e.f. 21.12.2000 (FN). Similarly, vide office orders dated 21.06.2001 and 01.07.2001, her contractual appointment as attendant was extended from time to time.

[6] Thereafter, vide engagement letters dated 08.01.2008 and 09.07.2009, the petitioner was appointed as JAT on contractual basis initially for a period of 6 months with consolidated salary of Rs. 6,000/-per month with the conditions that she would not claim for permanency.

[7] Thereafter, IGNOU, Regional Centre, Imphal issued an advertisement dated 10.01.2007 for recruitment of various posts including 2(two) posts of Junior Assistant cum Typist (JAT) (01 reserved for SC) in the pay scale of Rs. 3050-4590 and the essential qualification for the said post is ‘Matriculation or equivalent with two years’ experience in Clerical post in a Govt./ Semi-govt./ Public under-taking/ Reputed private company with typing speed of 30 w.p.m. in English. The typing speed in respect of any of the National Language will be as prescribed by the Central Govt./ State Govt. and a Bachelor’s degree from a recognized University with typing speed of 30 w.p.m. is desirable with age limit as 27 years. The petitioner applied for the post of JAT

[8] Vide letter dated 21.02.2008 issued by the Dy. Registrar (Estt.), IGNOU Maidan Garhi, New Delhi to the Regional Director, IGNOU Regional Centre Imphal informed that the petitioner was selected for the post of JAT and requested for post-based reservation roster for Direct Recruitment/ Local Recruitment followed by the State Govt. of Manipur be called for. Accordingly, the Regional Director, IGNOU Regional Centre Imphal sent a letter dated 25.02.2008 to the Dy. Registrar (Admn.), IGNOU New Delhi submitting the requisite documents with respect to the petitioner who was selected for the post of JAT in IGNOU, Regional Centre Imphal.

[9] Vide letter dated 09.06.2008 issued by the Dy. Director, IGNOU New Delhi to the Regional Director, Regional Centre Imphal informed that the petitioner was overaged for the post of JAT and she was 45 years old at the time of submission of her application form. The maximum age as per advertisement is 27 years, 3 years relaxation for OBC and 6 years for working in IGNOU Regional Centre and the maximum age in the case of the petitioner would be 37 years (27 years as per advt.+ 3 years for OBC + 6 years for working in Regional Centre).

[10] The Regional Director, IGNOU Imphal Regional Centre sent a letter dated 04.07.2008 to the Dy. Director, EDNERU, IGNOU New Delhi stating that the petitioner was nearly 45 years (i.e. 44 years 9 months 11 days) at the time of submission of her application form but she joined IGNOU in the year 1990