LEKHA M. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is a postgraduate degree holder in Hindi with M.Phil, NET, B.Ed and Doctoral Degree eligible to be appointed as Assistant Professor in the University of Calicut, submitted an application pursuant to the notification Ext.P3 dated 31.12.2019. The age limit, in the aforementioned notification was prescribed as on 1.1.2020 for Assistant Professor below 40 years. Learned counsel for the petitioner submits that on commencement of the Public Services (Date for determination of age for eligibility and appointment) Rules 1977, the determination of age for eligibility for appointment to the post included in various services was modified as on 1 st January of the year in which application for appointment to such posts are invited. Since the notification concededly was published on 31.12.2019, the eligibility date on the notification was mentioned as on 1.1.2020 which is against the mandate of the aforementioned Rules, as the applicability of the aforementioned Rules has been admitted on perusal of the averments in para 10 of the counter. It is in this circumstances, the petitioner had to approach this Court as his application was not accepted being over aged. This Court vide interim order dated 3.2.2020, directed the respondent to consider the hard copy of the application of the petitioner with a caveat that it will not be construed as a right in favour of the petitioner to participate in the process of selection in this behalf.

(2.) It is further pointed out that the respondents have fixed the date of interview on 1.12.2020 ie., tomorrow. In an interim application, the petitioner has requested for the intervention of this Court to participate in the process of selection process.

(3.) On the other hand, learned Standing Counsel appearing on behalf of the University, submits that the application of the petitioner for appointment to the post of Assistant Professor was rejected on the ground of the overage. As per the Government order dated 17.8.2019, the upper age limit of Associate Professor as 45 was dispensed with. In this circumstances, the University did not fix any age limit to the Associate Professor and Professors in the notification but the post of Assistant Professor, being an entry cadre, the University followed KS&SSR, also followed by Kerala PSC and the upper age limit has been fixed as 40. As per the judgment of the Hon'ble Supreme Court in Dr.Ami Lal Bhat v. State of Rajasthan (JT 1997 (6) SC 72) , it is prerogative/discretion of the University for determining the minimum/maximum age required for a post. Thus, there is no ambiguity in fixing the age limit as 40. However, did not deny the factum of non applicability of the aforementioned Rules.