Uttarakhand HC Upholds 42-Year Age Bar That Defeated Over-43 Applicant’s Mission Inter College Lecturer Bid

Mission Inter College, Pithoragarh advertised a Lecturer (English) vacancy, stating that the academic qualifications and age requirements would be the same as those applicable to appointments in government intermediate colleges

The appellant, who was over 43½ years old when she applied, challenged the rejection of her candidature as over-age

The Single Judge dismissed her writ petition, holding that the prescribed age limit also applied to minority institutions absent a specific legislative exception

In this special appeal, the Court noted that the upper age limit for appointment as a teacher in government intermediate colleges was 42 years and that another candidate had been recommended and appointed to the vacancy

The Court applied the age requirement stated in the recruitment advertisement, which made the age requirements for government intermediate colleges applicable to the advertised post.

It also proceeded on the basis that there was no separate provision governing the upper age limit for teacher appointments in minority institutions; accordingly, the applicable prescribed age limit was not displaced merely because the institution was a minority institution.

The appellant was over 43½ years old, while the upper age limit applicable to teachers in government intermediate colleges was 42 years.

The advertisement expressly adopted the same age requirements for the vacancy, and the Court found no separate provision for minority institutions that would exempt the appellant from that limit.

It therefore found no basis to fault the Single Judge’s conclusion; it also noted that another candidate had already been appointed to the post.

The special appeal was dismissed.