- (1.) The common thread of arguments in all these petitions raises a challenge to the fixation of upper age limit of 35 years for engagement as a part-time Instructor in a Scheme floated by the State Government with the financial aid of the Central Government under the Right of Children to Free and Compulsory Education Act, 2009.
(2.) THE notification advertised on 3.10.2012 for the said purpose only prescribed a minimum age bar of 21 years with a restriction that a retired teacher above the age of 65 years would not be engaged. This Government Order was rescinded and replaced by the Government Order dated 31.1.2013 which introduces the maximum age restriction of 35 years. Clause 4 (i) of the Government Order which is under challenge is quoted herein under:- ...[VERNACULAR TEXT OMITTED]... I have heard Sri Ashok Khare, learned Senior Counsel, Smt. Durga Tewari, Sri Chandan Sharma, Sri Basisht Narain Pandey and Sri J.K. Srivastava, Advocates for the petitioners and Sri Kalpraj Singh, Sri Vipin Pandey and Sri Tomar, learned Standing Counsel for the respondents. The thrust of the arguments of all the learned counsel is that for the appointment of a teacher in a Primary or a Junior High School on the regular side is not fettered by such maximum age and is also relaxable. Even for engagements under Schemes like that of Instructors, Shiksha Mitra, Prerak or Vocational Teachers, no such upper age limit is provided for. In the present case also the predecessor Government Order dated 3.10.2012 did not place any bar and, therefore, there is no rational basis for now introducing the maximum age of 35 years that eliminates all the petitioners from the zone of consideration.
(3.) IT is urged that the norms fixed under the Notification dated 3.9.2001 by the NCTE prescribing minimum qualifications, no such restrictions have been imposed and, therefore, the impugned condition has no rational nexus with the object sought to be achieved. It is for this reason that the earlier Government Order dated 3.10.2012 did not place any such restriction.;