BABITA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Deka, learned counsel for the petitoenr, Smt. Chisti, learned counsel for the respondents No. 1 and 3 being the authorities under the Secondary Education Department of the Government of Assam and Ms. DD Barman, learned counsel for the respondent No. 2 being the Personnel (B) Department, Government of Assam.

(2.) The petitioner, who otherwise claims to be qualified in all other aspect for being appointed to the post of Post Graduate Teacher in Economics in any Higher Secondary School and who is also belongs to the Economically Weaker Section (EWS) Category has raised a grievance that the upper age limit in respect of the advertisement dated 08.09.2021 of the Director of Secondary Education, Assam prescribes for an upper age limit of 38 years in respect of the General Category candidates. The petitioner by virtue of belonging to the EWS category would also have to be construed in law to be a candidate belonging to the General category and therefore, the upper age limit of 38 years would be applicable for the petitioner.

(3.) The petitioner refers to an Office Memorandum No. ABP.6/2016/51 dated 2.9.2020 of the Principal Secretary to the Government of Assam in the Personnel (B) Department, which provides that the upper age limit for entering into State Government Service for the Grade-III and Grade-IV posts had been raised up to 40 years. The post of Subject Teacher in Economics for which the petitioner is pursuing is admittedly not a Grade-III and Grade-IV posts, but it is categorized to be a Grade-II post. The petitioner raises a plea that there is a discrimination against the aspirants for the Grade-II posts by not suitably increasing the upper age limit to 40 years as had been done in case of Grade-III and Grade-IV posts.