Court Invalidates University’s Age Restriction Policy, Emphasizes Financial Relief for Families of Deceased Employees
In a landmark decision, the Allahabad High Court has ruled in favor of Nameirakpamshangbanabi Devi, a petitioner seeking compassionate appointment from Banaras Hindu University (BHU) following the death of her sister, a university employee. The court, comprising Justices Saumitra Dayal Singh and Indrajeet Shukla, dismissed the university’s appeal against a previous judgment that directed the university to reconsider Devi's application without treating it as time-barred.
The case hinged on the interpretation of BHU’s Compassionate Appointment Rules versus the Recruitment Rules. The university's Executive Council had restricted age relaxation for compassionate appointments to only widows and divorcees, a policy the court found contrary to the Compassionate Rules. These rules are designed to alleviate the financial distress of families after the sudden death of a family member employed by the university.
The court clarified that while Recruitment Rules set an age limit of 18 to 30 years (with a 3-year relaxation for OBC candidates), the Compassionate Rules allow for upper age relaxation wherever necessary. Therefore, the university’s policy of limiting age relaxation was deemed unenforceable, as it contradicted the Compassionate Rules' objective of addressing financial hardship.
The judgment emphasized that the discretion under the Compassionate Rules should be exercised based on individual hardships and relevant circumstances, rather than adhering strictly to the Recruitment Rules. The court directed BHU's Compassionate Appointment Committee to reassess Devi’s application, considering her dependency, financial hardship, and the necessity for age relaxation as per the Compassionate Rules.
The decision underscores the judiciary's role in ensuring that compassionate appointments fulfill their intended purpose of providing financial relief to families in distress, rather than being restricted by administrative policies that do not align with the rules' objectives.
Bottom Line:
Compassionate Appointment - Rules governing compassionate appointments must be interpreted to serve their objective of addressing financial destitution caused by the sudden death of a dependent family member. Recruitment Rules cannot override the specific provisions of Compassionate Rules regarding age relaxation, which are intended to provide relief based on necessity.
Statutory provision(s): Compassionate Appointment Rules, Recruitment Rules, Article 16 of the Constitution of India
