Gauhati High Court
Mridusmita Talukdar vs The State Of Assam And 5 Ors on 17 May, 2023
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/7
GAHC010104152023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2682/2023
MRIDUSMITA TALUKDAR
D/O AJIT CHANDRA TALUKDAR R/O BHETAPARA P.O. AND P.S. BASISTHA
DIST. KAMRUP M ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI 6
2:THE COMMISSIONER
TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR
ASSAM PIN 781005
3:THE SECRETARY
GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI
6
4:THE DIRECTOR
STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING SCERT
KAHILIPARA GUWAHATI 19
5:THE ADDITIONAL SECRETARY
TO THE GOVT. OF ASSAM DEPTT. OF SCHOOL EDUCATION DISPUR
GUWAHATI 6
6:ASSAM PUBLIC SERVICE COMMISSION
REP BY THE SECRETARY ASSAM PUBLIC SERVICE COMMISSION
JAWAHARNAGAR KHANAPARA GUWAHATI 2
Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV
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Advocate for the Respondent : SC, SCERT, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 17.05.2023 Heard Ms. M. Nirola, learned counsel appears for the petitioner. Also heard Mr. B. Kaushik, learned standing counsel Elementary Education; Mr. B. Choudhury, learned standing counsel, SCERT for respondent No.4 and Mr. T. J. Mahanta, learned senior counsel assisted by Ms. P. Sarma, learned counsel for APSC, respondent No.6.
2. The learned counsel for the petitioner submits that the petitioner has completed Master of Arts (M.A) in ELT (English Language teaching). She has also completed her MA in Education course from Gauhati University although results are awaited. Petitioner also has qualified National Eligibility Test (NET) in Education (2019) and has also completed a Certificate course under Open University, UK. Petitioner has been working in different Government organizations on contractual basis. Pursuant to the advertisement issued by the APSC, the petitioner applied for the following posts:-
i) In response to the ADVT. NO. 17/2022 dated 26.08.2022, the petitioner applied for the posts of Lecturer in English and Lecturer in Education.
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(ii) In response to the ADVT. NO. 18/2022 dated 01.09.2022, the petitioner applied for the posts of Lecturer in the Department of Educational Research, Survey and Assessment and Programme cum Script Writer (PCSW).
(iii) In response to the ADVT NO. 20/2022 dated 13.09.2022, the petitioner applied for the posts of 1. Lecturer in (English), 2. Lecturer in (Foundation of Education) 3. Lecturer (In -Service Education, Field interaction and innocation coordination) 4.Lecturer (Curriculum Material Development and Evaluation) and
5.Lecturer (Educational Technology) for the post of Lecturer in D.I.E.T.S under the Directorate of SCERT, Assam.
3. The further grievance of the petitioner is that at the time of application in pursuance to the advertisements, she was 38 years 10 months and because of which she furnished applications for condonation of her age. Since the application was not disposed of, the petitioner approached this Court by filing writ petition being WP(C) No. 1836/2023 vide order dated 31.03.2023. This Court while issuing Notice, permitted the departments to take note of the representations stated to have been filed by the petitioner and disposed the same within 12.04.2023. The said writ petition is presently pending. It is submitted that during pendency, the department came to disposed of the representations by a speaking order vide order Page No.# 4/7 No. Ecf No. 231576/40 dated 17.03.2023. The said order reads as under:-
"GOVERNMENT OF ASSAM .
DEPARTMENT OF SCHOOL EDUCATION DISPUR :: GUWAHATI No. eCF No. 231576/40 ORDER Perused the representation dated 06/01/2023 and 15/02/2023 of Smti Mridusmita Talukdar for condonation of her age for appearing Writen Examination/ Interviews conducted by Assam Public Service Commission (APSC) for (1) Advt No. 17/2022 dated 26.08.2022 for the post of Lecturer in Institute of Advanced Studies in Education (IASE) and College of Teacher Education (CTE) under the Directorate of SCERT. Assam (2) Advt No. 18/2022 dated 01.09.2022 for the post of Lecturer and Programme Cum Script Writer in SCERT and (3) Advt No. 20/2022 dated 13.09.2022 for the post of Lecturer in District Institute of Education and Training (DIET) under the Directorate of SCERT, Assam,and Whereas, the date of birth of the petitioner, Smti Mridusmita Talukdar is 01.03.1983, exceeded the upper age limit of 38 years by 10 months as on 01.01.2022 as per advertisement and she belongs to General Category; and Whereas, at present there is no provision for relaxation of upper age limit for Grade-I and Grade-II pasts other than existing relaxation of 5 (five) years for SC/ST(P)/ ST(H) candidates, 3 (three) years for OBC/ MOBC candidates, 10 (ten) years for Persons with Benchmark Disabilities. Also, for Ex-Servicemen belonging to SC/ST category, relaxation is for 5 years i.e. upto 55 years and for OBC/MOBC, relaxation is for 3 years i.e. upto 53 years in Grade-l and Grade-Il posts; and Page No.# 5/7 Whereas, the Govt Circular No AAP. 34/50/27 dated 03/05/1951 says "(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 of candidates only if (1) 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"; and Whereas, there exist no such factor for fair dealing or public interest to consider the representation ;
Therefore, the representation dated 06/01/2023 and 15/02/2023 of Smti Mridusmita Talukdar for condonation of her age for appearing Interviews conducted by Assam Public Service Commission (APSC) for (1) Advt No. 17/2022 dated 26.08.2022 for the post of Lecturer in Institute of Advanced Studies in Education (IASE) and College of Teacher Education (CTE) under the Directorate of SCERT, Assam (2) Advt No. 18/2022 dated 01.09.2022 for the post of Lecturer and Programme Cum Script Writer in SCERT and (3) Advt No. 20- 2022 dated 13.09.2022 for the post of Lecturer in District Institute of Education and Training (DIET) under the Directorate of SCERT, Assam, is regretted and the representation is disposed off accordingly:
By Orders and in the name of Governor of Assam Signed by Narayan Konwar Date : 17.03.2023 18:56:48 Memo No, eCF No. 231576/40-A Copy for information and necessary action to:
1. The Sr Standing Counsel, Education Department, Gauhati Page No.# 6/7 High Court, Guwahati-01
2. The Secretary, Assam Public Service Commission (APSC), Khanapara. Guwahati-22
3. The Director of SCERT, Assam, Kahilipara, Guwahati-19.
4. Smti. Mridusmita Talukdar, (address is not mentioned).
5. Guard File.
By Order etc. Additional Secretary to the Govt. of Assam Department of School Education"
4. The learned counsel for the petitioner submits that in terms of the earlier order passed by this Court, the petitioner was called for a hearing vide Notice No. eCF No. 231576/133 dated 17.04.2023.
5. It is submitted by the learned counsel for the petitioner that on a date she had approached the authorities in terms of the Notice dated 17.04.2023 she was handed over a copy of the impugned order dated 17.03.2023 stated to have been passed on her representations seeking age condonation. It is submitted that in pursuance to the Notice dated 17.04.2023, the petitioner was required to be heard the next date i.e. 18.04.2023 and prior to hearing the impugned order has been passed.
6. Being aggrieved, the present writ petition has been filed.
7. Mr. B. Kaushik, learned standing counsel, Elementary Page No.# 7/7 Education is permitted to obtain the required instructions on the Notice dated 17.04.2023 viz-a-viz the impugned order dated 17.03.2023.
8. List this matter again on 29th May, 2023.
9. Interim prayer of the petitioner, if required, will be considered on the next date.
JUDGE Comparing Assistant