WP(C) 5064/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI By making this writ application under Article 226 of the Constitution of India, the petitioner, who claims to be, otherwise, eligible for direct recruitment to the post of Principal of provincialised college, in the State of Assam, has put to challenge, inter alia, the validity of the letter, dated 12.09.2011 (Annexure 4 to the writ petition), issued by the respondent No. 4, namely, Director of Hi gher Education, Assam, whereby the respondent No. 4 has asked the President of t he Governing bodies of all the provincialised colleges, in Assam, including the Pragjyotish College, Guwahati, to act upon the earlier letter No. G(B)Misc.65/20 09/203, dated 12.08.2011, issued by the respondent No. 4 herein, namely, Directo r of Higher Education, Assam, whereby the maximum age limit stood prescribed, as 40 years, for a person to participate in a selection process for direct recruit ment to the post of Principal of Government/ Provincialised college in Assam. B y the impugned letter, respondent No. 4 has also asked the Presidents of the Gov erning bodies of the respective Colleges to issue corrigendum if advertisement h ad already been published for the post of Principal mentioning therein incorrect ly the upper age limit as 50 years. Heard Mr. T. J. Mahanta, learned counsel for the writ petitioner, and Mr. D. Sai kia, learned Additional Advocate General, Assam, assisted by Mr. A. D. Choudhury , learned counsel, appearing on behalf of respondents. While considering the present writ petition, it needs to be noted that, accordin g to Rule 8 of the Assam College Employees (Provincialisation) Rules, 2010, the minimum and maximum age for direct recruitment to the post of Principal of a pro vincialised college, in Assam, shall be same as in the Government Colleges in th e respective grade. Under Rule 7(a) of the Assam Education Service Rules, 1982, the maximum age, prescribed for a person to remain eligible for recruitment to the post of Principal of Government College, was 40 years. However, by the amen dment, which was brought into force, with effect from 15.09.2009, by the Assam E ducation Service (Amendment) Rules, 2009, the maximum age limit, for appointment to the post of the Principal of a Government College, has been enhanced to 50 y ears. Thus, with the coming into force of the Assam Education Service (Amendment) Rule s, 2009, the maximum age limit for a person to remain eligible, for appointment to the post of Principal of Government College, stands enhanced to 50 years. It also becomes clear that with the increase in the prescribed age for recruitment to the post of Principal of a Government College to 50 years, as mentioned abov e, the maximum age limit for a person to remain eligible for direct recruitment to the post of Principal of a provincialised college also stands enhanced to 50 years; whereas the impugned letter, dated 12.09.2011, aforementioned, issued by the Director of Higher Education, Assam, has directed the Presidents of the Gove rning bodies of 32 provincialised colleges, in Assam, to make selection for the purpose of appointment to the post of Principal of a provincialised college, by way of direct recruitment, by adhering to the maximum age limit of 40 years. Si tuated thus, it is clear that the impugned letter, dated 12.09.2011, is against the statutory provisions made in that behalf, the same is not tenable in law and must, therefore, set aside and quashed. Appearing on behalf of the State respondents, Mr. Saikia, learned Additional Adv ocate General, submits that the respondents would not insist upon the impugned l etter, dated 12.09.2011, and shall conduct fresh selection process by treating t he age limit for appointment to the post of Principal of provincialised colleges , by way of direct recruitment, as 50 years. As far as the other parameters for making selection to the said post, which the present petitioner has challenged, are concerned, the respondents stand by the parameters, which have been fixed b y them inasmuch as those parameters, according to the learned Additional Advocat e General, are in tune with the guidelines issued by the University Grants Commi ssion and have been adopted by the State Government. The learned Additional Adv ocate General, therefore, submits that this writ petition may be disposed of per mitting the State respondents to resort to a fresh process of selection for the post of principal of provincialised colleges, in Assam, by issuing necessary cor rigendum in the light of the amendments, which have been made in the Assam Educa tion Service Rules, 1982, by the Assam Education Service (Amendment) Rules, 2009 , read with the Assam College Employees (Provincialised) Rules, 2010, and other parameters of the selection, which the State respondents have already fixed and finalized. To the submissions, so made on behalf of the State, no objection has been raised on behalf of the writ petitioner. Because of what have been discussed and pointed out above, this writ petition pa rtly succeeds. The impugned letter, dated 12.09.2011, is hereby set aside and q uashed and the respondents are hereby allowed to proceed with the matter by issu ing requisite corrigendum in the light of the submissions, which have been made on behalf of the State respondents, before this Court, by the learned Additional Advocate General, as have been recorded above. With the above observations and directions, this writ petition stands disposed o f. No order as to costs. Furnish a copy of this order to the learned Government Advocate.