State of Punjab and Others vs Wazir Kaur and Others

Hemant Gupta, J.

The present Letters Patent Appeal under Clause X of the Letters Patent is directed against an order passed by learned Single Bench of this Court on 26.11.2014 whereby the maximum age for admission to undergo Bachelor of Education (for short ''B.Ed.'') course was set aside for the reason that the maximum age for employment under the State Government is 38 years, therefore, restricting the right for admission to 27 years is not based upon intelligent differentia. We have heard learned counsel for the appellant and find no merit in the present appeal.

Admittedly, under the relevant Recruitment Rules the maximum age for appointment for a B.Ed. qualified teacher is 38 years. Therefore, restricting the age to undergo B.Ed. course to 27 years does not seem to be reasonable having any nexus with the objectives to be achieved.

The only argument of learned counsel for the appellant is that if age is increased to 38 years, a candidate would usurp a seat but would not be eligible for employment as by the time he completes two-year course, he would be 40 years of age and thus ineligible for appointment against the post meant for B.Ed. teachers.

We find some merit in the said argument. However, the interest of justice would be met if allowance for two years course for B.Ed. is given so as to allow all candidates to compete for the appointment by limiting maximum age limit for admission to undergo B.Ed. course to 36 years. It will permit all candidates to undergo course and also seek an opportunity for appointment under the relevant Recruitment Rules.

With the said direction and observation, the present appeal stands disposed of. However, since the maximum age limit has been quashed mid-stream, the same would be applicable from the next academic session. The request of the writ petitioner for admission to B.Ed. course shall be considered for the next academic session.