Page No.# 1/7 GAHC010052112025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1413/2025 SASANKA BUJAR BARUAH S/O- SRI KULEN BUJAR BARUAH, WORKING AT UDALGURI POLYTECHNIC,R/O- HOUSE NO-21,BYLANE NO-29,JANAPATH NABIN NAGAR,GUWAHATI,P.O-ZOO ROAD,P.S-GITA NAGAR,DISTT- KAMRUP (M),ASSAM,PIN-781024 VERSUS THE STATE OF ASSAM and ORS REP BY THE COMMISSIONER AND SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVT. OF ASSAM, DISPUR-781006 2:THE SECRETARY HIGHER EDUCATION (TECHNICAL) DEPARTMENT DISPUR GUWAHATI-781006 3:THE DIRECTOR DEPARTMENT OF TECHNICAL EDUCATION KAHILIPARA GUWAHATI-781019 ASSAM 4:ASSAM ENGINEERING SERVICES RECRUITMENT BOARD ASSAM TEXTILE INSTITUTE CAMPUS AMBARI GUWAHATI-781001 ASSAM REP. BY THE CHAIRMAN 5:MEMBER SECRETARY ASSAM ENGINEERING SERVICES RECRUITMENT BOARD ASSAM TEXTILE INSTITUTE CAMPUS AMBARI Page No.# 2/7 GUWAHATI-781001 ASSAM 6:THE PRINCIPAL UDALGURI POLYTECHNIC BHERGAON UDALGURI PIN-784509 ASSA Advocate for the Petitioner : MR. K KAKOTI, A J KASHYAP,MR S KHOUND,MR H K NATH Advocate for the Respondent : SC, HIGHER EDU, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 12.03.2025 Heard Mr. S. Khound, learned counsel for the petitioner. Also heard Mr. S. Das, learned standing counsel for the respondent authorities. 2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Sasanka Bujar Baruah has challenged the letter dated 22.01.2025 issued by the Respondent No.3 bearing eFile No. 432063/790, and for issuing direction to the respondent authorities to relax the age criteria in connection with the selection process for the post of Lecturer in Humanities(Commerce) initiated vide Advertisement No. AESRB-02/2024 dated 30.12.2024. 3. The grievance of the petitioner, being sought to be addressed herein this petition, is that he has been presently working as Lecturer in commerce in Udalguri Polytechnic, in Humanities Department under Regulation 3(f) of the Assam Public Service Commission (Limitation of Function) Regulations, 1951. He has applied for the post of lecturer in Humanities Department, pursuant to an advertisement dated 30.12.2024. Due to his overage he had filed one application to the concerned authorities on 17.01.2025 for condonation of his overage. But, vide letter, dated 22.01.2025 the respondent No.3 i.e. the Director, Department of Technical Education, Kahilipara, Guwahati had informed the Page No.# 3/7 respondent No.6 i.e. the Principal, Udalguri Polytechnic that there is no provision for condonation of age for entry into Government services of Assam as upper age limit for candidate of general category is 38 years and hence his petition could not be considered. Therefore, he approached this Court praying for aforesaid relief(s). 4. Mr. Khound, learned counsel for petitioner, referring to a decision of this Court on 10.03.2023, in WP(C) No. 1289/2023, (Dhrupad Sarma vs. State of Assam and 3 Others) submits that in the said decision, this Court has dealt with the issue of relaxation of age of candidate of over age as under:- “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, 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- 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. Page No.# 4/7 (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.” A Co-ordinate Bench of this Court in the case of Pranab Kumar Deka and 36 others Vs. State of Page No.# 4/5 2023:GAU-AS:3598 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 the provision in that behalf is made by or under an Act of the appropriate Legislature. 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. 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 Page No.# 5/7 category as laid down by the Government.”, 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.” 4.1. Mr. Khound further submits that thereafter, Considering the above, this Court had directed the petitioner to submit a certified copy of the order along with the copy of the writ petition including the annexures appended thereto and a copy of his said representation dated 02.03.2023, with his detail address, telephone/mobile number and e-mail address etc. before the Principal Secretary to the Government of Assam in the Higher Education (Technical) Department, and further directed the respondent No. 1, to dispose of the said representation of the petitioner with a reasoned order, considering his case with regard to relaxation of his upper age limit in accordance with law, following the relevant provisions of said Notification of the State Government dated 03.05.1951 and Rule 28 of the Assam Technical Education Service Rules, 1981, noted above, intimating the petitioner about the outcome of his said representation. 4.2. Referring to another decision of Hon’ble Supreme Court in Satya Prakash v. State of Bihar, reported in (2010) 4 SCC 179, Mr. Khound submits that therein relying upon the decision of Hon’ble Supreme Court in the case of State of Karnataka v. Umadevi (3), reported in (2006) 4 SCC 1, had allowed the appellants to compete, waiving the age restriction imposed for the recruitment and giving some weightage for their having been engaged for work in the Department for a significant period of time. 4.3. Mr. Khound further submits that the present petitioner also rendered service in the Page No.# 6/7 Udalguri Polytechnic for a considerable period and under such circumstance, Mr. Khound contended to dispose of this petition by granting similar relief to the petitioner of the present petition. 5. Per contra, Mr. S. Das, the learned standing counsel for the respondent authorities, submits that he has no objection in referring the matter again to the respondent No.1 with a direction to consider the case of the petitioner in light of the direction issued in the WP(C) No. 1289/2023. 6. Having heard the submission of learned counsel for both sides, I have carefully gone through the petition and the documents placed on record. The petitioner herein is presently working as Lecturer in Udalguri Polytechnic, appointed under Regulation 3(f) of the Assam Public Service Commission (Limitation of Function) Regulations, 1951. He has applied for the post of Lecturer in Humanities Department, pursuant to an advertisement dated 30.12.2024. But, due to his overage, he had filed one application to the concerned authorities on 17.01.2025 for condonation of his overage. But, vide letter, dated 22.01.2025 the respondent No.3 i.e. the Director, Department of Technical Education, Kahilipara, Guwahati had informed the respondent No.6 i.e. the Principal, Udalguri Polytechnic that there is no provision for condonation of age for entry into Government services of Assam as upper age limit for candidate of general category is 38 years and hence, his petition could not be considered 7. But, it appears that Rule 28 of the Assam Technical Education Service Rules, 1981, is also a statutory Rule framed under Article 309 of the Constitution of India, which 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, provides for “relaxation” and the same stipulates that subject to the satisfaction of the Government, if operation of any of these rules causes 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 equitable manner. And proviso Page No.# 7/7 to the said Rule also states that the case of any person shall not be dealt with in any manner less favourable to him than that provided in these rules. 8. Besides, 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) also provides for general rules for relaxation of age limits for recruitment to civil service or civil posts in connection with the affairs of the state of Assam. 9. Under the given facts and circumstances, and as agreed upon, this Court is inclined to dispose of this writ petition by directing the petitioner to submit a certified copy of the order, along with the copy of this writ petition, including the annexures, appended thereto and a copy of his application dated 17.01.2025 for condonation of his age, before the Principal Secretary to the Government of Assam in the Higher Education (Technical) Department, within a period of two days from today. Further, the respondent No.1, is directed to dispose of the said application of the petitioner with a reasoned order, considering his case with regard to relaxation of his upper age limit in accordance with law, following the relevant provisions of said Notification of the State Government dated 03.05.1951 and Rule 28 of the Assam Technical Education Service Rules, 1981, as noted above, intimating the petitioner about the outcome of his said representation. And this exercise has to be carried out within a period of one week from the date of receipt of certified copy of this order, and of course before the declaration of the result of the interview already held. 10. The parties have to bear their own costs. JUDGE Comparing Assistant