The Supreme Court allowed the appeals of a Lecturer whose appointment in a Government-aided junior college was earlier struck down on the ground of being overage.
The dispute traces back to an advertisement issued in February 2006 by a college governing body to fill the post of Lecturer in History. The selection was conducted under the Assam Government Aided Junior College Management Rules, 2001, which did not stipulate an upper age limit. The appellant, found most meritorious, was recommended for appointment, and the State Government condoned her overage of 2 years 7 months before approving her appointment in March 2007. She served continuously for 18 years.
However, the appointment was challenged by another candidate on the ground that the Assam Secondary Education (Provincialisation) Service Rules, 2003, which prescribed an age limit of 21–36 years, ought to apply. A Division Bench of the Gauhati High Court accepted this contention, holding the condonation of overage to be contrary to law and setting aside the approval. The subsequent review petition was also dismissed.
On appeal, a Bench of Justices Ahsanuddin Amanullah and S.V.N. Bhatti held that the 2003 Rules did not govern aided institutions at the time of recruitment, and therefore reliance on Rule 19(iv) of the 2003 Rules to invalidate the appointment was misplaced. The Court found the condonation of overage by the State to be a valid exercise of discretion under the 2001 Rules. It ruled that the High Court erred in applying the 2003 Rules retrospectively to a selection process conducted under the 2001 framework.
Accordingly, the Supreme Court set aside the Gauhati High Court’s orders dated 24.02.2012 and 24.05.2023, directed the reinstatement of the appellant within four weeks, and ordered that the break in service be ignored for all purposes, ensuring continuity of service. However, no back wages were awarded. The Court also clarified that the services of the rival candidate, who has since been accommodated as a Lecturer, shall not be disturbed.
Appearances:
For the Appellant: Mr. Rituraj Biswas, Advocate
For the Respondents (State of Assam): Mr. Chinmoy Pradip Sharma, Senior Additional Advocate General
