O R D E R

24.02.2022 Heard Mr. AR Bhuyan, learned counsel for the petitioner and Mr. S Bhuyan, learned counsel for the respondents No. 1, 2, 3 and 4.

2. The petitioner intends to offer her candidature against an advertisement dated 15.02.2022, amongst others, for the post of Assistant Professor in Home Science in Handique Girls College, Guwahati. The advertisement provides the upper age limit of 38 years. The petitioner states that at present she is about 41 years of age. For the purpose, the petitioner had submitted a representation before the Principal Secretary to the Government of Assam in the Higher Education Department for condoning the upper age limit.

3. The law regarding the age limit as it prevails as on today is governed by the Notification dated 03.05.1951. The notification of 03.05.1951 inter-alia provides as extracted:-

“(1) Notwithstanding anything to the contrary in rules regulating the maximum or minimum age of recruitment to a service or post in connection with the affairs of the State of Assam, the age limit may be relaxed in favour of any candidate or class of candidates only if (i) in cases in which the appointing authority is the Governor, or (ii) in other cases,