Punjab Government is all set to, once again, fix the upper age limit of 65 years for the chairman of the State Educational Tribunal. The Government is expected to carry out the required amendments in the existing Act — Punjab Affiliated Colleges (Security of Service) Act, 1974 — during the Punjab Assembly Budget Session starting July 15.
Just about six years back, the State Government carried out an amendment in the Act, which resulted in doing away with the upper age limit of 65 years for the appointment of Educational Tribunal chairman. The State Government had initially enacted the Act to provide for the security of services to the employees of affiliated colleges.
For the purpose, Section 7-A was introduced in the Act providing for the constitution of a College Tribunal, consisting of a presiding officer who was to be either a High Court Judge or a State Government officer, not below the rank of a Commissioner of a division. The Act also stated that “no person could hold the office as the presiding officer beyond the age of 65 years”.
The issue was only recently raked up before the Punjab and Haryana High Court, when a petition in this regard was placed before a Division Bench. In a public interest litigation filed against the state of Punjab and another respondent, one Manisha Garg had asserted that she was aggrieved by the amendment, dated February 7, 2008, to Section 7-A of the Punjab Affiliated Colleges (Security of Service) Act, 1974.
She maintained that it did not provide for an upper age limit for holding the office of Punjab Educational Tribunal chairman, though provision for an age cap existed in original Section 7-A of the Act.
Garg had also added that the amended Act also did not provide for term of office. Aggrieved, she moved the High Court seeking directions to the State for fixing the term and reintroducing upper age limit for the chairman’s office.
To support her petition, she argued that Articles 14 and 16 of the Constitution of India ensured equal opportunity for all and did not provide for holding of any office in perpetuity.
During the hearing of her petition, Punjab Additional Advocate-General had told the Court that he had obtained instructions and amendments were being proposed to Section 7-A of the Act, 1974, “seeking to put maximum age limit for appointment”.
After hearing the Additional AG, the Division Bench of Chief Justice Sanjay Kishan Kaul and Justice Ajay Tewari, gave three weeks to the State to do the needful.
“We have been asked to comply with the orders within three weeks, and submit the compliance report by August 8... It is possible that we may introduce this amendment in the coming session,” said a senior government official.