MC 3349/2011 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA THE HON’BLE MR JUSTICE P.K. SAIKIA Heard Mr. M.K. Choudhury, learned Sr. counsel assisted by Mr. M. Khatani ar, learned counsel representing the appellant/ applicant as well as Mr. D. Sai kia, learned Addl. Advocate General, Assam. We have also heard Mr. T.J. Mahanta, learned counsel representing the respondent No. 1. By means of this application, the applicant has prayed for leave of appe al against the judgment and order dated 19.10.2011 passed in W.P.(C) No. 5064/20 11. The applicant was not the party to the said proceeding. By the impugned judg ment and order, it has been provided that in the matter of selection and appoint ment of the Principal in the provincialised colleges, the upper age limit of 50 years as fixed by the Assam College Employees (Provincialised) Rules, 2010 shoul d be adhered to and that the letter dated 12.08.2011 issued by the Director of H igher Education, Assam prescribing maximum age limit as 40 years will have no en forceability. The challenge made in the writ appeal is the observation in the im pugned judgment by which the upper age limit of 50 years in the rules has been reiterated. The appellant has also preferred a writ petition being W.P.(C) No. 6031/2011 in which the issue formulated by order dated 05.12.2011 is as follows : The issue raised in this petition is whether fixing of upper age limit for recr uitment to the post of Principal in various Provincialised Degree Colleges of th e State to 50 years is rational as the post is normally to be given to people wi th experience. The Assam Education Service Rules, 1982, require at least 15 year s total teaching experience and the candidate must be working as an Associate Pr ofessor. In view of the Rule, experienced and senior persons who have crossed th e age of 50 years will be left out of consideration and juniors will steal a mar ch over the seniors. It is also pointed out by learned counsel for the petitioners that the t enure of Principal is to be for five years and if upper age limit is 55 years, t he Rule prescribing upper age limit would be in harmony with the tenure for 5 ye ars. He also submits that in other States including West Bengal, upper age limit has been prescribed to be 55 years. Though primarily the issue pertains to policy matter, the rational of th e policy can always be tested on touchstone of reasonableness. Considering the matter in its entirety and the issue raised in the appea l, the prayer made in this application seeking leave to appeal against the judgm ent and order dated 19.10.2011, stands granted. Misc. case stands disposed of.