JUDGMENT

Dated this the 20 th day of July, 2021 This writ petition is filed seeking the following reliefs :-

“(i) To declare that in view of Exhibits P3 and P4 Government orders, the upper age limit for appointment to the post of Assistant Professor in colleges affiliated to the 2nd Respondent University has to be fixed as 41 years as on the first date of the year in which the application is invited to the said post.

(ii) To declare that the prescription of upper age limit of 40 years is inconsistent with the provisions of the UGC Regulations 2018 and that the UGC Regulations will prevail over the University Statute.

(iii) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondents 2 and 3 to accept Exhibit P2 application of the Petitioner for appointment to the post of Assistant Professor notified as per Exhibit P1 notification and allow her to partake in the selection process for appointment to the post of Assistant professor in Computer Science in the 3rd Respondent College.”

2. Heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned Standing Counsel appearing for the 2nd respondent University. Notice has also duly been served on the 3rd respondent.

3. The petitioner was an applicant for appointment to the post of Assistant Professor in Computer Science in the 3rd respondent College pursuant to Ext.P1 notification. She has also been called for an interview scheduled to be held on 23.7.2021. However, it is submitted that the petitioner has been informed that her application is liable to be rejected for the reason that she has completed 40 years of age. It is submitted by the learned counsel for the petitioner that by Exts.P4 and P5 orders, the Government has raised the upper age limit prescribed for direct recruitment to various categories of posts, whether by special rules or by executive orders, by one year and that appropriate amendments have been carried out to the Public Services Raising of Upper Age Limit for Appointment Rules as well. It is submitted that since the upper age limit for appointment as Assistant Professor in affiliated colleges is admittedly 40 years, going by Ext.P4, the petitioner would be entitled to a further relaxation of one year and therefore, she would have a chance to apply till she attains the age of 41 years. It is submitted that since the date of the notification is 22.1.2021, the petitioner would be eligible going by Ext.P4 to apply for the post since the raised upper age limit would then be 41 years.

4. A counter affidavit has been placed on record by the 2nd respondent. It is submitted therein that as per G.O.(MS).No.711/ 2014/H.Edn. Dated 23.8.2014 [which is produced by the respondents as Exts.R1(a) and R2(a)], the age limit for appointment to the post of teachers in colleges was enhanced from 35 to 40 years. It is submitted that the 2nd respondent University is following the said Government Order in respect of age limit for appointment to the post of Assistant Professor in affiliated colleges and since no upper age limit for appointment is specified in the UGC Regulations , the Government Order prescribing an age limit of 40 years is to be followed. It is submitted that Ext.P4 is dated 20.6.2012 and Ext.P5 is dated 13.5.2014. Since both Exts.P4 and P5 are issued before 23.8.2014 and since the Government Order dated 23.8.2014 specifically enhances the upper age limit for appointment of teachers in Government/private/aided Arts and Science colleges, training colleges, Sanskrit colleges, law colleges, etc. to 40 years, it is clear that Exts.P4 and P5 do not have any application to the appointment in such colleges. It is, therefore, contended that the petitioner, whose date of birth is 8.12.1980 would have crossed the age of 40 years as on the first day of January, 2021 and therefore, she can have no claim for appointment to the post of Assistant Professor in any of the affiliated colleges und