Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Ors on 19 February, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010026452025
2025:GAU-AS:1724
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/833/2025
SMTI KOHENOOR BARBHUIYA,
D/O TAJ UDDIN BARBHUIYA, R/O HOUSE NO, 278, MEHRAB ALI LANE,
CHAMRAGUDAM, SILCHAR, DISTRICT CACHAR, ASSAM-788001
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR,
GUWAHATI-06.
2:THE DIRECTOR OF TECHNICAL EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
3:THE PRINCIPAL
KARIMGANJ POLYTECHNIC
MAIZGRAM
KARIMGANJ
DISTRICT-SRIBHUMI
ASSAM
PIN 788712
4:THE ASSAM ENGINEERING SERVICE RECRUITMENT BOARD (AESRB)
REPRESENTED BY ITS CHAIRMAN
ASSAM TEXTILE INSTITUTE AMBARI
GUWAHATI-0
Advocate for the Petitioner : MR. D BARUAH, MS. P HANDIQUE,MR. P K BORDOLOI
Advocate for the Respondent : SC, HIGHER EDU,
Page No.# 2/4
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 19-02-2025
Heard Mr. D Baruah, learned counsel for the petitioner, who submits
that the petitioner has been engaged as a part-time Lecturer (Technical) on
purely temporary basis, vide order dated 05.08.2019, issued by the
Principal, Karimganj Polytechnic. The petitioner's counsel submits that the
petitioner has continued to work since the time of the order dated
05.08.2019 till date, as a Lecturer (Technical) in the Karimganj Polytechnic.
2. The grievance of the petitioner is that notice dated 30.12.2024 was issued
by the Assam Engineering Service Recruitment Board, inviting applications for
filling up the posts of Lecturer (Technical) in the various Polytechnics under the
Government of Assam, on regular basis. However, the petitioner could not fulfil
the age criteria as he was over aged. The petitioner's counsel submits that as
per the Notice dated 30.12.2024, a candidate was to be not less than 21 years
of age or more than 38 years of age, as on 01.01.2024. The petitioner was
however over aged by 3 years 24 days in terms of the Notice dated 30.12.2024.
3. The petitioner's counsel submits that another Notice Adv.No.AESRB-
03/2024 was issued by the Assam Engineering Service Recruitment Board,
inviting applications for recruitment to the vacant posts of Senior Instructor in
the State Engineering Colleges and Polytechnics under the Higher Education
(Technical) Department, Government of Assam, wherein the candidates were
required to be not less than 21 years of age and more than 40 years of age, as
on 01.01.2024. The petitioner was however over aged by 1 year 24 days in
terms of the above Notice for filling up the vacant post of Senior Instructor on
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regular basis. The petitioner's counsel submits that the respondents should
condone the over age of the petitioner and allow her to participate in the
selection process, pursuant to the two advertisements/Notices mentioned
above.
4. Mr. S Das, learned counsel appearing for the Higher Education
Department submits that prior to the Notice dated 30.12.2024 being issued, for
filling up the vacant posts of Lecturer (Technical) in Polytechnics on regular
basis, the State respondents had issued an earlier notice dated 21.02.2023 for
the same posts. The petitioner however did not make any application for
recruitment to the vacant posts of Lecturer (Technical) in terms of the earlier
Notice dated 21.02.2023. As the petitioner had waived his right to apply for the
posts of Lecturer (Technical) in terms of the earlier Notice dated 21.02.2023,
the petitioner cannot pray for condoning her over-age, in pursuant to the
present Notice dated 30.12.2024. He also submits that appointments have been
made pursuant to the earlier Notice dated 21.02.2023.
5. The counsel for the respondents further submits that the petitioner has no
right to make any prayer for condoning her over age, for filling up the posts of
Senior Instructor in terms of the Notice Adv.No.AESRB-03/2024, inasmuch as,
no right of the petitioner is infringed just because the Notice for filling up the
vacant post of Senior Instructor has fixed an eligibility age criteria.
6. I have heard the learned counsels for the parties.
7. The fact that the petitioner had not applied for participating in the
selection process for the post of Lecturer (Technical) in Polytechnics under the
Higher Education (Technical) Department, Government of Assam, in terms of
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the earlier Notice dated 21.02.2023, implies that the petitioner had waived his
right to participate in the selection process, which has been held earlier. The
petitioner has thus no right to claim condonation of her over age with regard to
the present Notice, which has been issued more than 22 months later for the
same posts, by way of the notice dated 30.12.2024. The fact that the selection
process for filling up the vacant posts of Lecturer (Technical) in the various
Polytechnics pursuant to the notice dated 21.02.2023 has been concluded has
also been recorded in the judgment dated 04.02.2025 passed by this Court in
WP(C) No. 296/2025.
8. With respect to the petitioner's prayer that the petitioner's over age of 1
year 24 days should be condoned, so as to enable her to participate in the
selection process for the vacant posts of Senior Instructor in terms of the Notice
Adv.No.AESRB-03/2024, cannot be granted in view of the fact that the age limit
for a candidate to participate in the selection process is the prerogative of the
State Government and the petitioner has no vested right to have the petitioner's
over-age condoned.
9. In view of the fact that no enforceable right of the petitioner has been
infringed by the above two Notices, there is no ground for this Court to exercise
its discretion in this case. The writ petition is accordingly dismissed.
JUDGE
Comparing Assistant
