Page No.# 1/6 GAHC010095322025 2025:GAU-AS:5587 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2425/2025 ABHIJIT DEKA S/O- GOLOK CH DEKA, R/O- EAST MILAN NAGAR, RATANPUR, PS DIBRUGARH, PO- CR BUILDING, DIST- DIBRUGARH, PIN- 786003, ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY THE PRINCIPAL SECY TO THE GOVT OF ASSAN, HIGHER EDUCATION TECHNICAL DEPTT HAVING HIS OFFICE AT ASSAM SECRETARIAT DISPUR GUWAHATI DIST KAMRUP METRO ASSAM PIN 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HIGHER EDUCATION TECHNICAL DEPTT HAVING HIS OFFICE AT ASSAM SECRETARIAT DISPUR GUWAHATI DIST KAMRUP METRO ASSAM PIN 781006 3:THE DIRECTOR OF TECHNICAL EDUCATION ASSAM HAVING HIS OFFICE AT KAHILIPARA MAIN ROAD KAHILIPARA GUWAHATI 19 KAMRUP METRO ASSAM 4:THE ASSAM ENGINEERING SERVICE RECRUITMENT BOARD REP BY ITS CHAIRMAN HAVING HIS OFFICE AT TEXTILE INSTITUTE CAMPUS AMBARI GUWAHATI DIST KAMRUP METRO ASSAM PIN 78100 Advocate for the Petitioner : MR M HANDIQUE, K K DAS Advocate for the Respondent : SC, HIGHER EDU, Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 06.05.2025 Heard Mr. M. Handique, learned counsel for the petitioner. Also heard Mr. A. R. Tahbildar, learned Standing Counsel, Higher Education Department, for the respondent Nos. 1, 2 & 3. 2. The Member Secretary, Assam Engineering Service Recruitment Board issued an Advertisement No. AESRB-02/2025 by a Notice inviting online applications from permanent residence of Assam and having requisite qualifications for recruitment to the vacant post of Assistant Professor (Technical) in the State Engineering Colleges under Higher Education (Technical) Department, Government of Assam. In the said Notice the last date of application is indicated as 22.04.2025. However, by a Notice dated 22.04.2025 issued by the Member Secretary, Assam Engineering Service Recruitment Board, the last date for submission of online applications in respect of the Advertisement No. AESRB-02/2025 for the post of Assistant Professor (Technical) is extended to 08.05.2025. 3. Learned counsel for the petitioner submits that the petitioner was engaged as part time Lecturer at Dibrugarh Polytechnic against the permanent vacant posts in Mechanical Engineering Department for a period of 4 (four) months by a Communication dated 25.02.2021 issued by the Director of Technical Education, Assam. The service of the petitioner was extended from time to time. Thereafter, by a Notification dated 22.01.2025 issued by the Secretary to the Government of Assam, Higher Education Department, the petitioner along with 99 others were temporarily appointed as a Lecturer in the Page No.# 3/6 Government Polytechnics of Assam as per Regulation 3 (f) of the APSC (Limitation of Functions) Regulation, 1951. 4. Learned counsel for the petitioner submits that in the Advertisement No. AESRB-02/2025, the age limit of General category candidates has been provided to be not less than 21 years of age and not more than 38 years of age as on 01.01.2025. As the petitioner belongs to the General category and as he has crossed the maximum age limit, the petitioner made a representation before the Chairman, Assam Engineering Service Recruitment Board on 07.04.2025 praying for age relaxation for the post of Assistant Professor (Technical) in the State Engineering Colleges under the Higher Education (Technical) Department, Government of Assam. However, it is submitted that the representation made by the petitioner on 07.04.2025 is yet to be considered till date. 5. Mr. A. R. Tahbildar, learned Standing Counsel, Higher Education Department, submits that the petitioner is approaching this Court at the eleventh hour inasmuch as the last date of submission of online applications is on 08th May, 2025 and as tomorrow i.e. 07.05.2025 has been declared a holiday due to the Panchayat Election, it would be a futile exercise even if any order is passed by this Court. 6. With regard to the power of the Government in relaxing the upper age limit for recruitment to the public post in connection with the affairs of the State, learned counsel for the petitioner has placed before the Court a copy of the Notification No. AAP.34/ 50/27 dated 03.05.1951 of the State Government available in the Handbook of General Circulars of Government of Assam (Blue Book) which reads as follows: “ General Rules for relaxation of Age Limits- Page No.# 4/6 In pursuance of the provisions of Article 309 of the Constitution of India, the Governor of Assam is pleased to make the following general rules regarding relaxation of the age limit for recruitment to civil services or civil posts in connection with the affairs of the State of Assam— (1) Notwithstanding anything to the contrary in rules regulating the maximum or minimum age of recruitment to a service of post in connection with the affairs of the State of Assam, the age limit may be relaxed in favour of any candidate or class or candidates only if (i) in cases in which the appointing authority is the Governor, or (ii) in other cases, the Head of the Department, considers this necessary in the interest of fair dealing or in the public interest. (2) In this rule “Head of Department’ means the authority who is declared to be the Head of the Department for the purpose of the Fundamental Rules and of the Subsidiary and Supplementary Rules made by the State Government, and includes a District and Sessions Judge. (3) In case in which recruitment is made through the Public Service Commission, the Commission shall be consulted before the rule is relaxed.” 7. A Co-ordinate Bench of this Court in the case of Pranab Kumar Deka and 36 others Vs. State of Assam and 25 others [WP(C) No. 845/2014 and other connected cases] vide common order dated 03.08.2015 have held that said Notification dated 03.05.1951 was issued by the Government of Assam in exercise of the power conferred under Article 309 of the Constitution of India and as such, it has a statutory force and it would continue to hold the field until Page No.# 5/6 the provision in that behalf is made by or under an Act of the appropriate Legislature. 8. The Assam Technical Education Service Rules, 1981, which is also a statutory Rule framed under Article 309 of the Constitution of India, regulates the recruitment and the conditions of service of the persons appointed to the Assam Technical Education Service including the post of Assistant Professor in the Government Engineering Colleges of the State. 9. Rule 7 of the said 1981 Rules relates to “the age for direct recruitment” which provides that — “a candidate for direct recruitment to a cadre of the service of Assistant Professor in Engineering Colleges of the State, the minimum age limit is 21 years and the maximum age limit is 38 years as on the first January of the year of recruitment with relaxation in case of candidates belonging to special categories like Scheduled Caste, Scheduled Tribes and any other category as laid down by the Government.”. 10. Rule 28 of said 1981 Rules provides for “relaxation” and stipulates that —“Where the Government is satisfied that the operation of any of these rules causes under hardship in any particular case, it may, dispense with or relax the requirement of that rule to such an extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equi-table manner. Provided that the case of any person shall not be dealt with in any manner less favourable to him than that provided in these rules.” 11. After hearing the learned counsel for the parties and on a consideration of materials available on records, the petitioner is directed to file a representation before the Secretary to the Government of Assam, Higher Education (Technical) Department, annexing a certified true copy of this Court’s Order along with a Page No.# 6/6 copy of the writ petition including the annexures appended thereto by today i.e. 06.05.2025. 12. In the event of filing a representation by the petitioner as directed here-in- above, the Secretary to the Government of Assam, Higher Education (Technical) Department, shall dispose of the said representation by a reasoned Order and in accordance with law on or before 12:00 Noon of 08th of May, 2025 by taking into consideration the Notification of the State Government dated 03.05.1951 as well as Rule 28 of the Assam Technical Education Service Rules, 1981. 13. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant