AJIT KUMAR BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) All the three cases being inter-related were heard together and are being disposed of by this common judgment and order. Matter relates to selection and appointment to the post of Principal of a College called Jorhat Kendriya Mahavidyalaya, which was earlier under the deficit system of grants-in-aid but subsequently provincialised.

(2.) In the writ petition as well as in the two writ appeals, the petitioner/appellant is Dr. Ajit Kumar Baruah (hereinafter referred to as the appellant for the sake of convenience). He is presently serving as Assistant Professor Stage II (Senior Grade) in the Department of History in the Jorhat Kendriya Mahavidyalaya, having joined regular service on 11.01.1996. He is also functioning as in-charge Principal of the said Jorhat Kendriya Mahavidyalaya.

(3.) Writ Petition (C) No. 6288/2011 has been filed by the petitioner Dr. Ajit Kumar Baruah questioning the constitutional validity of Rule 8 of the Assam College Employees (Provincialisation) Rules, 2010 in so far it adopts Rule 7(iia) of the Assam Education Service Rules, 1982, as amended by the Assam Education Service (Amendment) Rules, 2009, fixing the maximum age limit for filling up the post of Principal in provincialised colleges of Assam at 50 years. Consequential challenge has also been made to the advertisement issued by the Governing Body of Jorhat Kendriya Mahavidyalaya (College hereafter) which was published in the newspaper on 30.11.2011 inviting applications from eligible candidates for the post of Principal of the College whereby the upper age limit for the said post was fixed at 50 years. Petitioner further seeks a direction to the respondents to consider his selection for the said post as per qualifications prescribed in the University Grants Commission (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) Regulations, 2000 in terms of which he is eligible.