SUSHIL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The common thread of arguments in all these petitions raises a challenge to the fixation of upper age limit of 35 years for engagement as a part-time Instructor in a Scheme floated by the State Government with the financial aid of the Central Government under the Right of Children to Free and Compulsory Education Act, 2009.

(2.) THE notification advertised on 3.10.2012 for the said purpose only prescribed a minimum age bar of 21 years with a restriction that a retired teacher above the age of 65 years would not be engaged. This Government Order was rescinded and replaced by the Government Order dated 31.1.2013 which introduces the maximum age restriction of 35 years. Clause 4 (i) of the Government Order which is under challenge is quoted herein under:-

(3.) IT is urged that the norms fixed under the Notification dated 3.9.2001 by the NCTE prescribing minimum qualifications, no such restrictions have been imposed and, therefore, the impugned condition has no rational nexus with the object sought to be achieved. It is for this reason that the earlier Government Order dated 3.10.2012 did not place any such restriction.