State Is Legally Competent To Prescribe Conditions Of Upper Age Limit For Appointment To Post Of Assistant Professor In Services Of KPSC: Kerala HC

Finding that the Petitioner has failed to make out any ground to interfere with the well-considered verdict of the Kerala Administrative Tribunal, the Kerala High Court held that the State has the necessary legal competence to prescribe the conditions of the upper age limit for appointment to the post of Assistant Professor in the services of Kerala Public Service Commission (first and second respondents).

A Division Judge Bench of Justice Alexander Thomas and Justice C. Jayachandran observed that “prescription of upper age limit for entry-level teaching posts in Government Colleges would directly and inevitably lead to a reduction of minimum standards or disparity of standards of such institutions of higher education.”

The Bench further observed that “if the plea of the petitioner is accepted, then it will lead to highly unreasonable consequences, inasmuch as a person, even of the age of 55 years, will have to be considered to be eligible to apply for the post of Assistant Professor in Government Colleges, even though the retirement age prescribed by the State is 56.”

Advocate George Poonthottam appeared for the Petitioner whereas Advocate S. Krishnamoorthy appeared for the Respondent.

The brief facts of the case were that the Petitioner was working as a senior Non-Vocational Teacher in a Government school. The Kerala Public Service Commission (PSC), by their selection notification for Assistant Professor in Hindi and other subjects, prescribed the upper age limit is 40 years, under the Department of Collegiate Education of the Government of Kerala. The petitioner attained the age of 41 years as on the cut-off date of the year in which the selection notification has been issued. Hence, the petitioner filed an application before the Kerala Administrative Tribunal seeking a relaxation in the age limit so that she can be enabled to participate in the recruitment process. The Tribunal however dismissed the said application by stating that the matter relating to the fixation of an upper age limit, for recruitment and appointment to a post in Government Colleges of the State, is a matter that is exclusively lying within the policy domain of the State.

After Considering the submission, the Bench stated that there are certain general regulations, framed by the State, laying down the criteria for determining the upper age limit, wherein, it is stipulated that the upper age limit is to be determined with reference to the first day of January of the year in which the selection notification is issued.

Referring to the case of Dr. J. Vijayan & Ors. v. State of Kerala & Ors., the Bench reiterated that in the case of any dispute between UGC and the Central Government, as to whether a question is a question of policy relating to national purpose, the decision of the Central Government prevails over that of UGC.

The Bench went on to state that the UGC does not have the power to stipulate the service conditions of teachers and that, such power is vested entirely with the State.

The Bench also stated that the prescription in the statutory special rules, relating to Government College Teachers, promulgated by the State Government, would exclusively or predominantly lie within the legislative competence of the State.

Accordingly, the High Court concluded that said benefit cannot be extended in the case of the petitioner, who is admittedly a regular employee, and merely because his probation has not been declared.

Cause Title: Divya S. v. The State of Kerala and Ors. [Neutral Citation: 2023/ KER/ 50459]

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