Vidjealatchoumy. V v. Teachers Recruitment Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.Nos.6156 & 6158 of 2025 Vidjealatchoumy V ... Appellant Vs.
1.Teachers' Recruitment Board, Represented by the Member Secretary, 4th Floor, EVK Sampath Maaligai, DPI Campus, Chennai - 600 006.
2.The Director of Legal Studies, Purasawalkam High Road, Kilpauk, Chennai - 600 010.
3.The Law Secretary, Government of Tamil Nadu, Chennai - 600 009.
4.The Member Secretary, Tamil Nadu State Council for Higher Education, Lady Willingdon College Campus, Kamarajar Salai, Chennai - 600 005.
5.University Grants Commission (UGC), Bahadur Shah Zafar Marg, New Delhi - 110 002.
6.Bar Council of India, Page No.: 1 of 5
21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi - 110 002.
... Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order in W.P.No.7369 of 2025 dated 03.03.2025 and allow this Writ Appeal.
For Appellant : Mr.M.Velmurugan For Respondents : Mr.Neelakandan, Additional Advocate General Assisted by Mr.K.Sathish Kumar, Standing Counsel for R1 Mr.D.Ravichander, Special Government Pleader for R2 to 4
J U D G M E N T
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The issue involved relates to fixation of upper age limit for appointment as the Assistant Professor in the Government Law Colleges.
2. Challenge to G.O.Ms.No.233, Law (LS) Department, dated 11.04.2022, which fixes the upper age limit was rejected by us in W.A.No.703 of 2025. The only other contention that is sought to be raised now by the learned counsel for the appellant is that the University Grants Commission in its wisdom has not fixed the upper age limit, therefore the respondents have no power to fix the upper age limit. This we think would militate against the --------------------- Page No.: 2 of 5
constitutional scheme of the things. The Entry 66 of List I deals with co-ordination and determination of standards in institutions for higher education or research and Science and Technical Institution. The University Grants Commission comes under this Entry. Entry 25 of List III of Schedule VII (Concurrent List) deals with Education, including technical education, medical education and universities, subject to the provisions of entry 63, 64, 65 and 66 of List I. This would only mean that a regulation made under Entry 25 of list III shall not be in conflict with or inconsistent with the regulation made under Entry 66 of List I (Union list). In the absence of any prescription for upper age limit by the University Grants Commission, it is open to the State Authorities to prescribe a higher age limit.
3. We therefore see no reason to interfere with the orders of the writ Court. The Writ Appeal fails and it is accordingly dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. (R.S.M.,J.) (G.A.M.,J.) 14.03.2025 dsa Index : No : No Speaking order Page No.: 3 of 5
To 1.Teachers' Recruitment Board, Represented by the Member Secretary, 4th Floor, EVK Sampath Maaligai, DPI Campus, Chennai - 600 006.
2.The Director of Legal Studies, Purasawalkam High Road, Kilpauk, Chennai - 600 010.
3.The Law Secretary, Government of Tamil Nadu, Chennai - 600 009.
4.The Member Secretary, Tamil Nadu State Council for Higher Education, Lady Willingdon College Campus, Kamarajar Salai, Chennai - 600 005.
5.University Grants Commission (UGC), Bahadur Shah Zafar Marg, New Delhi - 110 002.
6.Bar Council of India, 21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi - 110 002.
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R.SUBRAMANIAN, J.
and G.ARUL MURUGAN, J.
dsa 14.03.2025 Page No.: 5 of 5