1 58 1 4 IN THE HIGH COURT OFJPUNJAB AND HARYANA AT CHANDIGARH CWP Noe9665of2010 Dateofdecisionl 43201 1 Profe SSBindra and others Petitioners Vs The State ofPunjab and others Respondents And connected beingCWP Noe1392of 2009 CWP Nosl268 129 13241932 2661 3803 4583 to 4585 4607 4617 7176 7321 8823 9465 9773 1061611076 11972 12603 12604 12736 12882 13117 14265 14277 14604 1 14693 1500115447 15463 15508 15624 15880 16185 16223 16357 16961 0 17140 17400 17545 18837 19087 19152 19256 19501 18508 19596 19693 19699 19749 19841 19908 19935 20036 20225020226 18575 0 20296 to 2029820422 20613 20693 20728 20729 20750 20854 21135 to 0 2115921240 21241 22449 22673 22736 22818 and 23003 of 2010 21137 I AND 0 t CWP 345 585 838 896 897 1001 1304 1386 1429 1495 1618 17822065 3391 3464 Si 3492 of2011 1 Z CORAMv HONBLE MR JUSTICE ADARSH KUN GOEL A 0 HONBLEMR JUSTICE AJAY KUMAR MITTAL Presente Dr Balram GuptaSr Advocatewith Ms AnamikaNegi Advocate OnCWP Nos665 15463 15508 CJ I 7545 19087 19256 21159 22818 of 2010 and 1495 81 15624 Z 346412011 C m Mr Blvl SinghAdvocate and Mr AnshulJoy Advocate6inCWP Nos 7321 12882 1469315001 2 2029821136 23003of2010and14298 3492of201 1J 20296to Z tl Mr SaljitSinghSr Advocatewith Mr VikasSinghAdvocate in CWPNo14265 and19841of2010 Mr RlC Malik Sr Advocatewith Ms KomalSharma Advocate 0n CWP Nos3176 8823 12603 to 1260415880 16961 18837 19152of2010 Mr Arun Nehra Advocate n CWP Nol6357110 Mr RD Anand Advocate in CWP Mr PadamKant Dwivedi Advocate in CWP No71401101 4 eaeIPen41e 4 Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document e r 5 59 CWP 365012010 l 2 Mr ManojChahal Advocate Gn CWP Nos19501 20226 21135 212408i A4r SS Salar Advocate in CWP No0616 20613 of 2010 8 184111 Mr Atul Kaushik 8 ManjitSinghAdvocates in CWP No26731109 Mr AnupamAdvocate 6inCWP No71551109 Mr NS BhardwajAdvocate 1 CWP N020693110 Mr AlC Bishnoi Advocate6inCWP No0422110 Mr Kewal Kumari Advocate l CWPNos465110 Ec 13041111 1 r Mr Saurabh Arora Advocate l CWP Nos21241110 3391111 0 4 114 SubhashAha Advocate 1 CWP No13861111 I Mr Ashok SehgalAdvocate in CWP N03851111 C5 I Mr SudhanshuMakkar Advocate Z in CWP w Mrlllilesh BhardwajAdvocate n CWP Nos 1932 20728 8 20729 C of2010 I Mr S1C Tamak Advocate n CWP Nos324 11972 21137 and 22736of2010 Z Mr SC Arora Advocate C in CWP Nos19935110ce896111 w Dr SuryaPrakash Advocate n CWP Nos1268 2661 4583 to 4585 Z 4607 4617 and 19908of20101 for L Mr JaswinderSinghDAG Punjab Mr AnupamGuptaAdvocate for PanjabUniversity Mre SC Sibal SreAdvocate with Mr VSe Rana Adv for KurukshetraUniversity Mr Amrit Pal Advocate for Guru Nanak Dev University Mr Nl DahiyaAdvocate and Mr Amit Rao Adv for Mr SK Sharma Adv forUGC Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 60 CWPNo665 of2010 9 MrAshwinieBansal CentralGovt Counsel MrsKamlaMalik CentralGovt Counsel Mr Rajdeep S CheemaAdvocate 1 for Nos7 118 12in CWP Nol2736110 for 8elO in CWP No13117110 for in CWP No6185110 for 8 10 in CWP No18575110 for in CWP No19749110 for Nos 8 6 in CWP No20036110 Mr HemenderGoswamiAdvocate for in CWPNo896111 Mr SC NagpalAdvocate 1 for 8 6 in CWP No321110 e L for No6 in CWP No 12882110 0 C Adarsh Kumar GoelJ I This orderwill of a bunch of 100petitions mentionedabove C5 1e I to leamed counselfor the all the writ petitions involve Z common questlon to claim of the writ for revisionof age of 2 retirementto 65years The said claim is based on letter dated31122008 ofthe C of India addressedto the UniversityGrants Commission6UGCO followedby letter of the Govent of Indiadated 1132010 to the Education Z SecretMies of all State Govemments and notification of UniversityGrants m Commission Minimum for of teachersand other n7 Z Academic Staffin Universities and Collegesand other Measures for the ofstandardsin Higher 2010 2e A bunch ofpetitions came up for hearingbefore leamed SingleJudge who videorder dated 4102010 referred the matter to the Division Bench as followSl 463 Since the final outcome of these cases is likelyto have far reaching incltng some lmpacton other Stateservices 1 4 Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 61 4 CWPNo65 012010 that thefollowingimpo of law also it appears need to be bya largerbenc a9Whether theservice conditions includingthe age of retirement rulesframedunder proviso to in the statutoryservlce 309of the Constitutionor undera stamte can be deemedto Article havebeen amendedbY VlrtUe of the CircularlSchemedated 31122008 issued by the GovernmentofIndia2 b9Whether the of India is competent to commandthe StateGovernmentslUniversities to lncrease theage of retirementof asection ofthe 1 C c Whetherthe States haveany lawfulalhorityto bargeinto the Seld 0 of Education when thesubjectmatter is directlyreferableto Entry 0 66ofList I Union List orEntry25 ofthe List III ConcurrentList I C5 only2 I d What will betheimpactofthe GovemmentofIndia Schemeor the Z UGC in the case of teachersworkingin theinter state like PanjabUniversity C e9What is the scope of StaWtorypowers of UGC and whether such would include the authorityto lay the t0 ofserviceincluding the ageofretirement2 Z to DB Let the recordsofthesecases be placedbeforeHonble C 4 the Chief Justice for them before an Bench on n7 Z 151120107 Il Xx xxx XXX XXXX the matters have been placedbefore this Bench Several other writ No9665of 2010 has been treatedto be the main petition on 3 CWP of leamed counsel for the partiesand pleadings are beingrefened to from the said Case of the petitioners is that theyare teachingin different depentsof Guru Nanak Dev University6UO Their superamuation age 1S Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 1 5 1650f2010 e ll 6 years as per rules TheGovemment of India appointed Sixth Pay Commission on to consider the demand of the CentralGovemment for increasein salaryandimprovement of other serviceconditions The said Commission gave itsreporton 2432008 which was by the Union Cabineton 1482008 The UGC an expertcommitteeto considerthe claim of the in Universitiesandcollegesfor revisionof pay scales and otherallied issues headed by Prof GlCChadha The Committeegave its repon revision ofpayscalesandenhancementof ageof to m outofshortage ofteachersandto attract eligiblescholars LY meetthesituationarislng 0 to theteaching to improve the standardof qualityof highereducation Ca3 Thesaid Committeealso recommendedrelgagementof retiredteachersuptothe I 0 ageof70 years Based on considerationof the saidreportthe Govemmentof India 4 Z videlettersdated2332007 its decisionto reviseageof r of all personsholdingteachingpositionas on 1532007to 65 years andalso for of such teachersuptothe ageof 70 years The said age t3 Z was to CentrallySlnded higherand technical educationinstitutions m coming under thepurview ofthis ministryin orderto overcome the shonageof z teachers Thereaiter vide letter dated 31122008 Annexure P3 scheme for Oa ofpayscaleswas bytheMinistryof to theUGC Therein 1SSue of age of also Sguredin para 860The said para alongwith subparaOpofpara8 are belowl 8 Other terms and conditions a9 to e9e X xx xx XX f Ageof oin order to meet the situation arisingout of shortageof teachersin universities and other teachinginstitntionsand Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 63 CWF 665of2010 6 1 the consequent vacant positions therein the age of superation for teachers in Central Educational institutionhasalready been enhancedto sixtyflve yearsvide the of highereducation letter NoFNo 1 1912006UlIdated232007 for thoseinvolved in class room teaching in order to attract eligiblepersons to the teaching career and to retain teachersin service for a longer period Consequenton upwardreVlSlOn of the age of of teachers the Cemral Govemment has already authorizedthe CentmlUniversitiesvide of highereducation DO letter N2412006 Desk cU9 1 0 dated3032007 to enhance the age of of 0 Vice chancellorsof CentralUniversities om 65 yearsto 70 0 years subject to amendmentsin the respective statutes with the of thecompetentauthority01isitor in the case C5 ofCentral I io subjectto availabilityof vacantp8sitionsand fltness Z teachersshall also be re employed on contract appointment 2 lr beyond the age of sixtyfive years upto the age of seventy years beyondthe age of I C3 shall however be done for a limited periodof Z threeyearsin the6rst instanceand thenfor another8lrther periodof two yearspurelyon the basisof merit oo 4 area of merit area of and peer Vmvo Z groupreview and onlyagainstavailable vacant positions without affectingselection or prospectsof eligible teachers Whereasthe enhancementof the age of for teachers engagedin class room teachingis intended to attract eligiblepersons to a career in teachingand to meet the shortageofteachers by retainingteachers in service for a longerperiod and whereas there is no shortagein the of librariansand Directors of PhysicalEducation the increasein the age of from the present Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 64 C 7 CWPNo665 of2010 1 sixty twoyears shall not be availableto the of t andDirectorsofPhysicalEducation XX XX XXX XXX XX plApplicability of the Scheme i1This scheme shall be applicable to teachers and other cadres of Library and PhysicaIEducation lll all the CentralUniversities and collegesthereunder and the institutions deemed to be universities whose maintenanceexpenditureis met by the UGC The of the revisedscalesshall be subjectto the 1 r of all the conditionsmotionedin this letter as 0 well as to be framedbythe UGC in thisbehalf 0 Universities this schemeshall be advisedby I theUGC to amendtheir relevant statutes and ordinancesin C5 linewith the UGC to amendtheir relevant statutes and I in line with the UGC within three Z monthsfrom the dateofissueofthis letter m 0 io to ivl xx Xx Xx Xx I v1This scheme may be extendedto universities colleges and other higher educationalinstitutionscomingunder the Z of StateLegislatureprovidedState Governments m wish to adopt and implementthe scheme subjectto the a7 following terms and conditions Z a1Financeassistancefrom the CentralGovemmento tl StateGovernmentsopting to revisepay scalesofteachers and other cadre coveredunder the Scheme shallbe limited to the extent of 80Io 6eightypercentlof the additional involved 111 the ofthe revision b1The state Goveent optingfor revision of pay shall meet the remaining200Io ctwenty of the additionalexpenditure from its own sources J ee4441441611 1 Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 65 6 8 CWP vJ65 of 2010 Ie 1 cl to 0 xx Xx XXX XXX XXX f g Paymentof centralassistancefor this schemeis also to the conditionthat the entire schemeof revision of pay scales togetherwith all the to be laid doWn by the UGC by way of and other guidelines shall be by State Govemments and universities and colleges coming undertheir as a compositescheme withoutany modificationexceptin regardto the dateof and scales of pay mentionedherein m above suppliedl 2 The UGC vide letter dated 282009 Annexure PA addressedto 0 Education Secretariesof all the StateGovernments that the State I 49 may initiate immediateaction for of scheme of I revlSlon ofpaym a timebound manner The letter also referredto the issue of Z enhancementof retirement age The State of Punjabvide notificationdated 292009 revisedthepay scalesofteachersand cadresin theuniversities and collegesof the State wef l 2006 nnexure PI as per letter dated t3 Z 31 122008 Annexure P and also stated that the scheme will be applicable subject to acceptanceof conditionsmentionedin the said letter rn 3 6 CWP No16370 of 2009 JagirSinghKahlon and othersv Stateof Z ll Punjaband anotherwas 81edin thisCourt a directionforrevisionof age ofretirement as per notiflcation dated31122008 and this Court vide order dated 6A2010 directed the State Govemment to take a conscious policy decision ThereaRer vide letter dated 1152010 Annexure P7 theMinistryofE wrote to the State Govenunents about the issue of reVlSlOn of pay scale Referring to letter dated 3 1122008 it was rnentionedthat the scheme could be extended to institutionsunder the State Goveents provided State Governments wish to adoptand implementhe Scheme It was er mentionedthat as per the said J P4 Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 66 9 cwPl50f2010 1 lelterthe State Goveents are requiredto the scheme as a ep one the age of mentionedin para80 of this letter dated with all theconditions orto be specified by GrantsCommissiolUGC9by and other guidelines 7 Thereafter Grants Commission vlinimum foppont ofteachersandotherAcademicStaffin Universities andColleges and other Measures forthe Maintenanceof standardsin HigherEducationl m 2010 were notified vide notificationdated 3062010 ln 0 GazetteofIndia dated1892010 Thesaid have been framedby UGC 0 I under Section26 ofthe UGC Act 1956and are to Centralas well as C5 Universities and affiliated colleges Para 2 that for I maintenanceof standardsin highereducationshallbe as in the Amexure Z TheAnnexure containsinteralia followingprovisionsl C 2e100The revisedscalesofpay andotherserviceconditionsincluding age I of 111 Centraluniversitiesand other institutions Z anor 81ndedby the UniversityGrants Commission UGC9shallbe strictlyin accordancewith the decision of the Central CQ Ministry ofHuman Resource 7 Z as containedin Appendix Om 231The revisedscalesof pay and age of as provided in Clause210 abovemay also be extendedto Universities colleges and otherhighereducationalinstitutionscomingunder the purviewof the State and maintainedby the State Goveents to the of the scheme as a compositeone in of the terms and conditions laid down in the A4F providedas AppendixI and in the A4 letter NoFm 71201040II dated11 May 2010 with all conditions specifiedby the UGC in theseRegulations and otherGuidelines Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 67 10 CWP i65of 2010 I is letter dated 3 1122008 Thoughthe Baba Farid of Faridkot revised the age of superation to 65 years inspiteof of theCentralGovernmenthatassistanceto the StateGovemmentwill be only if the pay scales were revised as per scheme which was one includingthe age of superation the StateGovemment and theState Universitiesfailed to revise the age of to 65 yea Accordingly case is made out for issuance of direction to complywith the mandateofthe UGCbyrevisingthe ageof to 65 years 1 80 In the replyfiled by the Stateof Punjabthe standtaken is that the 0 matter of revisionof age of superation was referredto a Commiuee The said Co I Committeein its meeting held on 2962010 observedthatthere was no shonage of C5 I teachersin theStateandtherewas no needtlhance theexistingageof retirement the State Govemment appliedfor relaxation of Z of the Central Govemment dated 1132010 vide leuer dated C 1082010 Letter of the Govemmentof India onlyrelatedto conditions for grant t of financialassistancewhich is a matterbetween the StateGovemmentandthe Z CentralGovernment Since the enhancement of age has serious 6nancial m the State Govent has not the reVlSlOll of age The 4 vm z Central Govemment has not givenany assistanceafter 1A2010 Letter dated 0 3122008 is based on letter dated2332007 which was to Centrally fondedhigherand technical educationinstitutionscomingunderthepurview of thisministryin order to overcome the shortage of teachers and though as per letterdated 282009 followed by letter dated 1 52010 the same could be extendedto the Statesand Stateuniversities reimbursementwas to be applicable onlyif the StateGoveents implemented the scheme as a compositepackage provided State Govemments wish to adoptand implement the scheme The Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 68 CWP tl 350f2010 11 1 The Regulations adopting letter dated 31122008 were also accordingly limited in their applicability and the ievised age was not applicable unless extendedto the StateGovernmentsand State universities Thus the petitionvvasliable to be dismissed 9 Stand of the Universityis th as per service rules adoptedby the Universityage of retirement was 60 and the said rules have not been andthusprayer in thepetitioncould not be accepted 1 L 10 Standof the UGC is that the revision of age was onlyto 0 0 Centrally8mded higherand technical educationinstitutionsunder the purviewof Z and not to any of a college whichis not 6mdedandmaintainedby I the UGC However the StateGovemmentcould adopt the decisionfor revisingthe Z ageofsupeation 11 We haveheard leamed counselfor thepartiesand penlsed the record I CJ 12 Leamed counsel for the submittedthat though revisionof Z age as per letter dated 233 2007 was initiallyapplicable to Centrallyfunded 0 higJlerand technical education institutionscomingunder the muviewof this mm z ministryin order to overcome the shortage of teachers the effect of leuer dated 312008 para vl was to extendthe same to all State universitiesand collegesalso The StateGovemmentshavingen financialassistanceof the Central Govemment and havingoptedto the revised pay scales could not reJect revlSlOn of age of as the Stategovemmentshad to implement the scheme contained in letter dated 3 1122008 as a compositeschemewithout any modification In supportof the said submission reliance has been placedon judgmentof leamed SingleJudgeof Patna HighCourt dated2082010 in CWP Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 69 CWP 365of 2010 12 11348of2010 DreSunityPandeyand others ve the State ofBihar and others and of leamedSingleJudgeof JharkhandHighCourt dated102011 in WP C9N0363 of 2010 DreMaheshwar Tiwaryand others v The State of Jharkhandand others In the context ofPanjabUniversityit was submiued that though the University was established under the StateAct ie PanjabUniversity Act 1947 it became inter state bodycorporateunder thePunjab Act 1966 Maintenance and s are to be sharedandpaidbyconcemed States asper directive ofthe Central Govemment The Vice Chancellorofthe University 1C2 lll themeeting held on 2962010 informedthattheUniversity hasbeen considered 0 tobe a Centrallyfunded instituteunder section2 Ilofthe Central Educational Ca0 Institutions in Admissiol4ct 2006 6CEI2006 Actl Referencehas I t5 alsobeenmadeto theopinionofthe AUomeyGeneraldated26102010 as underl I t cannotbe that the Punjab is one of the Z oldestUniversitiesin the countrybeingestablishedin 1882 at Q Lahore as East PunjabUniversityAfter partitionthe University was reestablished in India on Ist October 1947and I afterworkingat ditYerentplacesfinallymoved to Z lll 1956 The Ministryof UUO is rightlyconcemed in seeing thatthisinstitutionis not starvedoffunds 99 Ol 1 A letter Gom Additional Secretary to Chainnan UGC dated 11 12010 has also Z beenreferredto thefollowing effectl ll 2 The matter has since been revisited The Central Government has obtained the opinionof leamed Attorney Generalfor India Ocopyenclosedlwho has held that the earlier Vlew of the Central Govemment based on which the Central Govemment had indeedfiled certain affldavits beforecourts of law in matters concemingPunjabUniversitywas erroneous This opinionofthe Attomeygeneral for India pavesthe way to not onlyfund PunjabUniversityfor the purpose of expansion 4 Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document IV 70 13 CWPiv0665 of 2010 1 required for the CEI Act 2006but also enabling UGCto s6 meeting the financialneedsofPunjabUniversity it was submiUedthat thoughearlier the PanjabUniversity was held not to be Central or 81ndecfuniversityin the judgment of this Court in DreAeCJulka and others v PunjabUniversity and tohers 200897 SLR 198 the situationhasnow changed 130 Itwas pointed out thatthe Centralgovernmentin an affldavit filed before PradeshHighCourtin similarwrit petitions hastaken a standthat 1cc the schemedated31122008 was to the StatesandState 0 Universitiesfor beingeligiblefor Central assistanceAffidavit of the 0 Central Govemmenthas beenfiled as AnnexurePA in CWP No6357 of2010 Z 0 Learnedcounselfor the State and the State universitiesother than 14 PanjabUniversityopposed the submission It was statedthat thedecision of the Z Central Govemment dated2332007 to revise the age of superation to 65 onlyto Centrallyfunded higherand technical education years was I comingunder the pwviewof this minisuyin order to overcome the Z of teachers Letter dated31122008provided that the schemecould be CQ extendedto States provided StateGovemmentswish to adoptand implement the scheme Thus till the StateslStateuniversitieswished to adoptthe schemeof Z of age of superation therewas no automaticreviSlOll of age of Il revlSlOn Letter dated31122008 was onlyaddressedto UGC letterdated2022009 8om the UGC to the StateGovemmentswas on the subject offinances involved Similar is thepositionwith regardto leuer dated 1152010 The 2010 also did not automatically revise the age of exceptin relation to Centrally6lnded higherand technical educationinstimtions comingunder the purviewof this ministryin order to overcome the shortageof teachers In such a situation it was for the State 1 444491191 Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 71 14 CWPII 5 of 2010 andthe State Universitiesto take a decision to revise the age of R supeationin absenceof which the age of supeation wasas in the rules View takenin the of JharkhandandPatnaHigh Courts couldnot be followed in view ofjudgment ofthe Honble Supreme Coun inB Bharat Kumar and others v Osmania Universityand others 2007911SCC 58which has been followed by Division Bench of this Court in Dre AeCeJulkae Thisbeingthepositionin absenceofconflict in the UGC Regulation anddecision of the State contentionof beingcoveredunderEntry66 of List I and j thusoverriding the Statelegislationdid not arise as held in similar situationby Q 0 Honblethe Supreme Court in Be Bharat Kumar and bythis Coun in Dre AC 0 Julkae Distinctionpointed out that when the issue was consideredin Be Bharat I Kumar and Dre AeCeJulka thedecision was onlyexecutivedecision and now the I samehas been formalizedas a statutoryprovision by way of Regulation under Z section 26 of the UGC Act is not The itself limits the ofthe revised ageto Centrally Smdedhigherand technical education I institutionscomingunderthe purview of this ministryin order to overcome the r Z shortage of teachers leavingthe issue of extensionto other institutions as per e4 00 letterdated1132010 239 72 15 Learned counselfor the PanjabUniversity submittedthat the Panjab cL was not a Central universityas earlier held by this Court in DreAeCeJulka and the revised age of was not applicableHowever on account of cenam the issue whether it was Ceirally funded was a debatableissue and matter lll this regard was pendingwith the Central Govemment and the said university will abide by suchdecision as may be takenbytheCentral Govemment At this stagethe Panjab Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 72 CWP 65 0f 2010 15 did not wish to take any particularstand whether it was centrally Alnded or not as the saidissue is still to be decidedbythe Central Govemment 16 Learnedcounselfor the CentralGovemmentstatedthat he has no instructionsin the matter 17 In view of rival contentionsnoticed above we proceed to deal with thequestions referredfor our Re2 aI Deemed amendment to the statutoryrules bv virtue ofscheme dated 310122008 5 180 The scheme dated 31 122008 refers to revision of age of 00 vide letter dated233 2007 which applies to CentrallySlnded higherand technical educationinstimtionscomingunderthe purviewofthis 40 I ministry in order to overcome the of teachersl As per subpara 009of Z para 8 the scheme may be extendedto other institutionswho wish to adoptthe same Clause g9of sub para p9Ovlprovides that centralassistancewas subject to C4 theschemebeing as scheme Thus the said schemedoes I not automaticrevision of age to all institutionsunless the State Z Govemmentswish to adoptthe same Iftheydo not wish to adoptthe same it may r have ramificationon central assistancebeingprovided as mentioned therein mo Z Adoptionof the said scheme in does not changeits characteras the Qm alsoprovides that theschemedoesnot extendto all the institutionsunless extendedas per para 23 1 The matter was consideredby the Honble SupremeCourt with regardto similar schemedated 273 1998 and the scheme was held to be voluntaryThe contention that the scheme must be implemented as a compositeone was rejectedContention with regardto applicabilityof Entry 66 of List I was also rejectedWe may quote below the relevantpart of letter dated 2731998 by the Honble SupremeCoun Al Radhika 2014.07.01 14: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document b 73 CWF 665of 2010 16 ilnd relevant part of letter dated 3 11 2 1998 which we have to interpretfor companson Letter dated 27071998 Letter dated 3101201998 4 The paymentof Central asSlStance 448v1gle Payment of central for ofthe schemeis also assistance for this scheme subjectto the conditionthat the entire 1S also subjectto the condition that the scheme of revision of pay scales entire schemeof reVlSlOll of pay scales togetherwith all the conditionsto be togetherwith all the conditionsto be laid down in this regardbyUGC byway laid down by the UGC by way of 1 of is by the and other guidelines shall C State Govemmentsas a composite be by State Governments 0 0 scheme without any modification and universitiesand collegescoming I exceptto the date and under their jurisdiction as a Composite C5 scalesofpayas indicatedabove scheme without any modification I except in regardto the