GAHC010172232024 2025:GAU-AS:14388

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4304/2024

DR, SUFIA KHATUN

W/O DR ABDUL MANNAN

R/O VILL- NO. 2 KARUNABARI

P.O. AND P.S. LALUK

DIST. LAKHIMPUR, ASSAM

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI-

781006

2:THE DIRECTOR OF HIGHER EDUCATION

ASSAM

KAHIIPARA

GUWAHATI-19.

3:THE GOVERNING BODY OF LALUK COLLEGE

REPRESENTED BY ITS PRESIDENT

LALUK

P.O. LALUK

DIST. LAKHIMPUR

ASSAM-784160

4:THE PRINCIPAL LALUK COLLEGE

LALUK

P.O. LALUK

DIST. LAKHIMPUR

ASSAM-78416

Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS K TAYE,MR A ALI,MS. M

KHATUN,MR P DOLEY

Advocate for the Respondent : SC, EDU,

BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

ORDER

Date : 28.10.2025 Heard Mr. B. D. Konwar, learned Senior Counsel assisted by Ms. J. M.

Konwar, learned counsel for the petitioner and Mr. S. Das, learned Standing Counsel, Higher Education Department for the respondent Nos. 1 & 2. No one appears for the respondent Nos. 3 & 4, despite notice.

[2.] Although, counter-affidavit is not filed but having regard to the nature of the grievance projected by the petitioner, the writ petition is taken up for disposal at this stage.

[3.] It is the case of the petitioner that he is working as an Assistant Professor/Lecturer in Hindi at Laluk College since 04.08.2008 pursuant to his appointment on 04.07.2008. Having gathered enough experiences and having served in the aforesaid capacity ever since her appointment, the petitioner claims that her service should be regularized. However, on account of age bar she could not be regularized in service. The application for relaxation of age submitted by the petitioner was responded to by the Principal of the College vide letter dated 22.07.2024 stating that there is no provision for relaxation of upper age. The learned Senior Counsel submits that the aforesaid rejection is fallacious in view of the fact that there is a provision issued by the Government vide AAP.34/50/27 dated 03.05.1951 under the heading “General rules for relaxation of age limits”. Referring to the said provision which is annexed as Annexure - 19 to the writ petition, the learned Senior Counsel submits that in appropriate case the State Government can relax the age limit of persons who are appointed to civil services or civil posts in connection with the affairs of the State of Assam. He submits that the said provision has been relied upon by this Court in the following cases:-

1. Pranab Kumar Deka & Ors. Vs. State of Assam & Ors., (2016) 1 GLR 391;

2. Order dated 26.02.2019, passed in WP(C) No. 7832 of 2018 (Rabita Deka Vs. State of Assam & 3 Ors.); and

3. Order dated 13.10.2023, passed in WP(C) No. 7151 of 2022 (Bipul Das & Ors. Vs. State of Assam & 3 Ors.).

[4.] The learned Senior Counsel submits that in view of the above position, the Director of Higher Education ought to have forwarded the application of the petitioner before the appropriate authority in the State Government for relaxation of her age in terms of the Office Memorandum. Such steps having not being done, the learned Senior Counsel submits that the impugned Communication dated 22.07.2024 (Annexure – 18) should be set aside and the respondents directed to consider relaxing the age of the petitioner in terms of the said provision.

[5.] To the above submission, Mr. S. Das, learned Standing Counsel Higher Education Department, submits that he has no objection to the prayer.

[6.] Accordingly this writ petition is disposed of by directing the petitioner to file a fresh and concise representation before the Secretary to the Government of Assam, Higher Education Department seeking relaxation of her age for regularization/provincialisation of her services by annexing all relevant supporting documents and authorities as may be advisable within a period of fifteen (15) days from today. Upon receiving the representation, the Sec