Article 16 of the Constitution of India says:
Upper age limit for the Government jobs like for soldier, policeman etc. that have overriding requirement for attributes related to the age of candidate, like physical endurance, strength is understandable.Equality of opportunity in matters of public employment.—(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
But for the Government jobs that have absolutely no requirement of physical endurance, strength etc. of candidate, having maximum age limit appears unreasonable and unconstitutional, if my understanding of Article 16 is correct. For example a clerk or peon or computer operator whether 25 years old or 55 years old can do same job equally well. Why this discrimination? Is it a violation of Article 16 and a valid ground to contest this as discrimination or inequality before law?
I have heard that due to similar provision in US Constitution there is no upper age limit for Government jobs in USA except for jobs in armed forces, police etc.
1) Can anyone provide me legal insight about the reason why there is no upper age limit for Government jobs in USA, so that a comparison be made with Article 16 of the Indian Constitution?
2) Besides USA, is there any other country that has no upper age limit for Government jobs and what is the legal explanation behind it?