ADITYA KUMAR Vs. STATE OF U P

JUDGEMENT

(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 This Government Order was rescinded and replaced by the Government Order dated 31.1.2013 which introduces the maximum age restriction of 35 years.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:-

(3.) 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.