The Chhattisgarh High Court confirms that appointment or continuation as a Member of the Juvenile Welfare Board after reaching 65 years of age is impermissible, reaffirming the validity of departmental circulars. This judgment upholds existing administrative rules and serves as binding authority for similar public appointment cases within the State sector.
Summary
| Category | Data |
|---|---|
| Case Name | WPS/7424/2023 of SUKHI RAM SAHU Vs STATE OF CHHATTISGARH |
| CNR | CGHC010314932023 |
| Date of Registration | 19-09-2023 |
| Decision Date | 11-09-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | HON’BLE SHRI JUSTICE AMITENDRA KISHORE PRASAD |
| Court | High Court of Chhattisgarh at Bilaspur |
| Precedent Value |
|
| Type of Law | Administrative/Public Service Law |
| Questions of Law | Whether completion of 65 years disqualifies one from continuing as Member of Juvenile Welfare Board, even before tenure ends |
| Ratio Decidendi |
Upon completion of 65 years, a Member of the Juvenile Welfare Board cannot continue in office irrespective of the remaining tenure. The age bar is absolute as per the circular dated 08.08.2023, and compliance with the circular is mandatory for authorities. Actions taken by the State to cancel appointments or terminate service upon a member reaching 65 years are held to be legal and procedurally valid. No exception exists for persons who cross the age limit during tenure. The decision upholds the respondent authorities’ action as non-arbitrary and lawful. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Reliance on circular dated 08.08.2023 and government memo dated 04.09.2023 affirming the upper age limit as decisive. |
| Facts as Summarised by the Court |
Petitioner appointed on 21.07.2023 as Member of the Juvenile Welfare Board, District Kondagaon. Removed by order dated 06.09.2023 after attaining the age of 65. Petitioner admitted to having crossed the age limit, State justified removal based on Circular and Memo. Court found compliance with applicable rules and dismissed the petition. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts and authorities in Chhattisgarh handling appointments to the Juvenile Welfare Board |
| Persuasive For | Other High Courts in interpreting similar administrative age-limit regulations |
| Follows | Implementation and enforcement of State Government circular dated 08.08.2023 and Memo dated 04.09.2023 |
What’s New / What Lawyers Should Note
- The High Court affirms that continuation in office as a Juvenile Welfare Board Member beyond the age of 65 is impermissible, even if tenure remains.
- Strict compliance with age caps as specified in government circulars is mandatory for public appointments.
- Administrative authorities’ actions to terminate appointments upon reaching the maximum age are upheld as legal and not arbitrary.
- The decision provides binding guidance for challenges to removal on the ground of age in regulated sector appointments within Chhattisgarh.
Summary of Legal Reasoning
- The Court examined the contents of the circular dated 08.08.2023 and Memo dated 04.09.2023, both of which set 65 years as the maximum permissible age for appointment as a Member of the Juvenile Welfare Board.
- It was uncontested that the petitioner had already crossed the age of 65 at the time of his removal.
- The Court reasoned that the completion of 65 years renders the individual ineligible to continue in the post, regardless of their remaining tenure.
- It held that the respondent authorities acted in conformity with the relevant rules and circulars, and that such cancellation of appointment for crossing the age bar does not amount to arbitrariness or illegality.
- Accordingly, the petition failed to reveal any procedural irregularity or legal infirmity warranting judicial interference.
Arguments by the Parties
Petitioner:
- Appointed on 21.07.2023 and removed after just two months of service.
- Argued that the order of removal was arbitrary and illegal.
- Admitted that he had already attained the age of 65.
Respondent (State):
- Cited the circular dated 08.08.2023 specifying 65 as the upper age limit for the post.
- Asserted that the petitioner’s removal was justified and lawful as per the Memo dated 04.09.2023.
- Submitted that no illegality occurred in enforcing the age-bar provision.
Factual Background
The petitioner was appointed as a Member of the Juvenile Welfare Board, District Kondagaon, on 21.07.2023. Following his appointment, it was noticed that he had already attained the age of 65 years. Citing the State Government’s circular dated 08.08.2023, which set the age cap at 65, the Government issued a Memo dated 04.09.2023 cancelling the petitioner’s appointment. The petitioner challenged his removal dated 06.09.2023, alleging it was arbitrary and illegal; his attainment of the age of 65 was not in dispute.
Statutory Analysis
- The Court analyzed the applicability of the State Government’s circular dated 08.08.2023 which prescribes 65 years as the maximum permissible age for appointment and continuation as a Member of the Juvenile Welfare Board.
- The judgment further relied on the government Memo dated 04.09.2023, which explicitly directs removal upon a member crossing the age of 65.
- No reading down or expansive interpretation was undertaken; rather, the Court applied the age-bar provision as per the plain language of the administrative directive.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in the judgment.
Procedural Innovations
No new procedural innovations, guidelines, or directions were prescribed in this judgment.
Alert Indicators
- ✔ Precedent Followed – Existing administrative rule regarding maximum age limit for appointment is affirmed.