415 411 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHe CWP N009665of2010 Date ofdecisionl 4 3201 l Profe SSBindra and others ePetitioners Vs The State ofPunjaband others And connected petitionsbeingCWP Noe1392of 2009 CWP Nos1268 1297 1324 1932 2661 3803 4583 to 4585 4607 461771767321 8823 9465 9773 106161107611972 1260312604127361288213117142651427714604 m 16185162231635716961 18508 0 1857519596 19693 19699 19749 19841 19908 19935 20036 20225 20226 CO 20296to 20298 20422 20613 20693 20728 20729 20750 20854 21135 to 21137 21159 21240 21241 22449 22673 22736 22818 and 23003 of2010 I AND C9 CWP Nos184 345 585 838 896 897 1001 1304 1386 1429 1495 1618 1782 2065 3391 34640 3492 of2011 Z CORAM HONBLE MR JUSTICE ADARSH KUMAR GOEL C HONBLE MRe JUSTICAJAY KtR MITTAL Presentl Dr Balram GuptaSr Advocate with C M AnamikaNegi Advocate 6inCWP Nos665 15463 15508 Z 15624 17545 19087 19256 21159 22818 of 2010 and 1495 8 346412011 CQ Mr BM SinghAdvocateand Mr Anshul Joy Advocate OnCWP Nos 7321 12882 14693 15001 wao Z 20296 to 20298 21136 823003 of2010 and 1429 3492of201 11 Mr SarjitSinghSr Advocate with Mr Vikas SinghAdvocate6inCWP Nol4265 and19841of2010 Mr Rlc Malik Sr Advocate with Ms Komal Sharma Advocate On CWP Nos176 8823 12603 to 12604158801696118837191520f2010 Mr Arun Nehra Advocate6inCWP No16357110 Mr RD Anand Advocate n CWP No2971101 Mr Padam Kant Dwivedi Advocate 0nCWP Nol7140110 e ebvwm Ira t11 4 Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 1T IeV 416 CWP 565of2010 2 41 Mr ManojChahal Advocate 6n CWP Nos19501 20226 21135 21240 8 Mr SS Salar Advocate n CWP No0616 20613 of 2010 ce 184111 Mr Atul Kaushik ceManjitSinghAdvocates in CWP No26731109 Mr AnupamAdvocate 6inCWP Mr NS Advocate 1 CWP N2069311 Mr AC Bishnoi Advocate l CWP j Mr Kewal Kumari Advocate l CWPNosS4651108 1304111 r Mr SaurabhArora Advocate n CWP Nos212411108e3391111 0 0 Mr Subhash a Advocate l CWP No38611 1 I C5 Mr Ashok SehgalAdvocate l CWP No8511 19 I Mr SudhanshuMakkar Advocate Z 6inCWP 2 Mrlllilesh BhardwajAdvocateGnCWP Nos 1932 20728 0 20729 Q of2010 Mr SlC Tamak Advocate On CWP Nos1324 11972 21137 and C1 22736of2010 Z Mr SlC Arora Advocate m 6inCWP Nos19935110Ee896111 7 Dr SuryaPrakash Advocate n CWP Nos1268 2661 4583to 4585 Z 4607 4617and 19908of20109 for ll S Mr Jaswinder SinghDAG Punjab Mr AnupamGuptaAdvocate for PanjabUniversity Mr SC Sibal Sr Advocate with Mr VS Rana Adv for Kshetra University Mr Amrit Pal Advocate for Gwu Nanak Dev University Mre Nli DahiyaAdvocate and Mr AmitRao Adv forMr SlC Shanna Adv for UGC Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 417 CWP1 35of 2010 17 Mr AshwinieBansal CentralGovt Counsel Mrs KamlaMalik CentralGovt Counsel Mr Rajdeep S CheemaAdvocate for 118 12 in CWP Nol2736110 for Nos8 8 10 in CWP No13 117110 for respondentNoin CWP No16185110 for Nos7 Ee10 in CWP No18575110 forrespntNo6in CWPNo19749110 for Nos 6 in CWP No0036110 Mr HemenderGoswami Advocate CWPNo896111 Mr C NagpalAdvocate 1 for 6 in CWP No321110 8 C for in CWP No12882110 0 0 Adarsh Kumar GoeIJ 0 1 This order will dispose of a bunch of 100petitions mentionedabove According to leamed counselfor the all the wnt petitions involve Z common questionrelatingto claim of the writ petitioners for r0VlSlOIl of age of retirementto 65 years The said claim is based on letter dated31122008 ofthe 1 Govemmentof India addressedto the Grants Commission 6UGC followedbyletterof the Govemmentof India dated1132010 to the Education Z Secretaries of all State Govemmentsand notiflcation of Grants CQ Commission 6Minimum for of teachers and other 7 Z Academic Staff 1Il Universities and Collegesand other Measures for the r Maintenanceofstandardsin Higher 2010 2 A bunch ofpetitionscame up for hearingbeforeleamed SingleJudge who vide order dated 4102010 referred the matter to the Division Bench as followsr 443 Since the flnal outcome of these cases is likelyto have far reaching including some unpacton other Stateservices Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 418 CWP 165of2010 4 4 also it appearsinteralia that thefollowingimportant questions of law needto be bya largerbencl a Whether the servlce conditions includingthe age of retirement prescribedin the statutoryservlce rules framed under provisoto Article 309 ofthe Constitutionor under a statute can be deemedto have been amended by Vlrtue of the CircularlSchemedated 3112008 issuedbythe GovemmentofIndia7 b9 Whether the Goveent of India is competentto command the State to increase the age of retirementof a sectionofthe r c Whetherthe Stateshaveany lawful to bargeinto the Seld 0 of Education whenthe subject matter is directlyreferable O to Entry I 66 ofList I Union List or Entry25 ofthe List III ConcurrentList 9 only2 I d9 What will betheimpact ofthe GovemmentofIndia Schemeor the Z UGC in the case of teachersworking 111theinter state Universities like PanjabUniversity C e What is the scope of Statutory powersof UGC and whether such C powers would include the authorityto lay the Z conditionsof serviceincluding the ageof retirement2 0 4 Admittedto DB Let therecordsofthese cases beplacedbeforeHonble the Chief Justice for enlistingthem before an appropriateBench on a Z 152010 Clm Xx XXX XXX XXXX Accordinglythe matters have been placedbefore this Bench Several other wnt flIed aer the Orderofreferencehavealso beenlisted for hearing 3 CWP No665 of 2010 has been treated to be the main petitionon suggestionof leamed counsel for the partiesand pleadings are beingreferredto from the said petitionCase of the petitioners is that theyare teachingin diHerent depents of Nanak Dev University6U9 Their superannuation age 1S Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document CWP419 365of 2010 5 as per applicable rules The Govemment of India appointedSixth Pay Commissionon 502006 to consider the demand of the Central Govemment for increasein salaryand ofother serviceconditionsThe said Commission gave its reporton 2432008 which was bytheUnion Cabinet on 1482008 The UGC an expertcommitteeto consider the claim of the teachersin Universities and collegesfor revlSlOll of pay scales and other allied issuesheaded by Prof GlCChadha The Commiuee gave its repon revision of pay scalesand enhancementof ageof superation to tm r meet the situationarisingout of shortage of teachersandto auract eligiblescholars 0 to the teachingprofession to improve the standardof qualityof highereducation 0 The said Committeealso recommended ofretiredteachersuptothe C5 ageof70 years I Z 4 Based on considerationof thesaid reportthe Governmentof India vide lettersdated2332007 conveyed its decision to revise ageof r of all personsholdingteachingpositionas on 1532007 to 65 years and also I c provided for of such teachersuptothe ageof 70 years The saidage Z was to Centrallylnded higherand technical education institutions 0 coming under the purviewof this ministry in order to overcome the of Vm3 z teachers Therealter vide letter dad 31122008 Annexure P3 scheme for Ll revisionofpayscaleswas bytheMinistry ofHRD to theUGC Therein lSsue of age of also 8guredin para 80 The said para alongwith subpara p9ofpara8 are belowl 8 Other terms and conditions2 a9 to e1 xxxx xx XX xx f9Ageof i9inorder to meet the situation arisingout of shortage of teachersin universities and other teachinginstihltions and Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 420 CWP 365of2010 6 i1 the consequent vacant positionstherein the age of for teachers lrl Central Educational instihltion hasalready been enhancedto sixtySve years vide the depent of highereducation letter NoNo l 1912006U1I dated233 2007 for those involved in class room teaching in order to attract eligiblepersons to the teachingcareer and to retain teachersln service for a longer period on upwardrevlslon of the age of of teachers the Central Govemment has alreadyauthorizedthe Central Universitiesvide j of highereducation DO Ietter No1e2412006 Desk 6U9 r dated 3032007 to enhance the age of of 0 Vice chancellorsof Central Universities Som 65 yearsto 70 0 years subject to amendmentsin therespective statutes with I 0 the approvalof the competentauthoritylisitor in the case of Central Z io subject to availabilityof vacant pOsitions and fitness teachersshall also be re employed on contract 2 beyondthe age of sixtyflve yearsuptothe age of seventy I years beyondthe age of t3 shall howeverbe doneselectively for a limited periodof Z threeyears in the first instanceand then for anotherOlrther OO periodof two yearspurelyon the basis of merit expenence area of merit experiencearea of and peer 3 Z groupreview and onlyagainstavailable vacant positlons 0 without affectingselectionor prospectsof eligible teachers Whereasthe enhancementof theage of for teachers engagedln class room teachingis intended to attract eligiblepersons to a career 111teachingand to meet the shortage ofteachersby retainingteachersin service for a longerperiod and whereas there is no shortagein the categories of librariansand Directors of PhysicalEducation the increase 111the age of superation from the present Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 421 CWP i65of2010 7 9 sixty two years shall not be available to the of r 4 Librarians andDirectorsofPhysicalEducation XX Xx XX XXX XXX p9Applicabilityof the Schemel il This scheme shall be applicable to teachers and other equivalentcadres of Library and PhysicalEducation Ill all the Central Universities and collegesthereunder and the institutions deemed to be universities whose maintenance expenditureis met by the UGC The m of therevisedscalesshall be subject to the r of all the conditionsmotioned in this letter as 0 vvell as to be 8amed bythe UGC in this behalf 40 Universities this schemeshall be advisedby I C5 the UGC to amendtheir relevant statutesand ordinances111 I Iine With the UGC to amend their relevant statutes and ordinancesln line with the UGC within three Z monthsfrom the dateofissue ofthis letter 2 iil to h9xx Xx XX XX I v This scheme may be extendedto universitiescolleges Z and other highereducationalinstitutionscomingunder the purviewof State provided StateGovernments m wish to adopt and implementthe scheme subjectto the VA following terms and conditions Z Qm a1Financeassistancefrom the CentralGovemmentto StateGovents optingto revisepay scalesof teachers and other cadre covered under the Scheme shall be limited to the extent of 80Io eightypercent9 of the additional expenditure involved 111 the ofthe revision bl The state Goveent optingfor revision of pay shall meet the remaining20Io twenty percent9of the additionalexpenditure from its own sources j vVCw4W404 r Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 422 CWPI 65 of 2010 8 r 4 cl to f1xx XX XXX XXX Xxx g1Paymentof central assistance for this scheme is also subjectto the conditionthat the entire scheme of revision of pay scales togetherwith all the conditionsto be laid down by the UGC by way of Regulations and other guidelinesshall be by State Govemmentsand universitiesand colleges coming under their as a compositescheme withoutany modi8cationexceptin regardto the date of and scales of pay mentioned herein m above supplied CC 5 The UGC vide letter dated 2822009 Annexure PA addressedto 0 0 Education Secretariesof all the StateGovemments that the State I C5 Govemmentsmay initiate immediateaction for of schemeof revlSlon ofpayin a time boundmanner The letteralso referredto the issue of Z enhancementof retirement age The State of Punjabvide notificationdated 2 c 292009 revised the pay scalesofteachersand cadresm the universities I and collegesof the Statewef l 2006 6exure P5 as per letter dated t 2 31122008 AnnexureP3 and also stated that the Schemewill be applicable oo subject to acceptanceof conditionsmentionedin the said letter 6 Z CWP No16370 of2009 Jagir Kahlon and others ve State of 2 Punjaband anotherwas fil in this ofretirementas per notiflcationdated31122008 and this Court vide order dated 6A2010 directed the State Goveent to take a conscious policy decision Thereaflervide letter dated 1132010 AnnexureP7 theMinistryofF wrote to the StateGovemmentsabout the 1SSUe of revision of pay scale Refemngto letter dated 311 220 08 it was mentioned that the scheme could be extendedto insttions under the StateGoveents providedState Governmentswish to adoptand implementthe Scheme It was er mentionedthat as per the said J 14 Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 423 CWP 365of2010 9 3 e 14terthe State Governments are required to implementthe scheme as a composite one includingtheage of superation nentionedin para 80 of this Ministrysletter dated 311220081together with all the conditionsspecified orto be specifiedbyUniversity Gran8 Commission 6UGCOby regulationsand other guideline 7 ThereaflerUniversityGrantsCommission Minimum for ofteachersandotherAcademicStaffin UniversitiesandColleges and other Measures for the Maintenanceof standards in HigherEducation m r Regulations2010 were notified vide notiflcation dated 30010 published 111 0 GazetteofIndia dated 1892010 The said have been amedbyUGC U I underSection26 of the UGC Act 1956and are to Centralaswell as C5 StateUniversitiesandaffiliated colleges Para 2 providesthat for Z maintenance of standardsin highereducationshall be as provided in the Annexwe The Annexure containsinterealiafollowing provisionsl 14 201O The revised scalesofpayandotherserviceconditionsincluding age C of superation ln Central universitiesand other institutions Z rnaintained andlor funded by the Grants Commission QO 6UGCIshall be strictlyin accordancewith the decision ofthe Central GovernmentMinistryofHuman Resource SW Z ofEducation as containedin Appendix 2e31The revisedscalesof pay andage of as provided 111 Clause 2O above may also be extendedto Universities colleges and other highereducationalinstitutionscomingunder the purviewof the State Legislatweand maintained by the State Goveents subjectto the of the scheme as a compositeone in adherence of the terms and conditions laid down in the A4HRD notifications providedas AppendixI and in the MHRD letter NoF 712010U II dated 11 May 2010 with all conditions speciftedby the UGC in theseRegulations and otherGuidelines Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 424 CWP 165of 2010 10 Aoendix I is letter dated 31 122008 Thoughthe Baba Farid Universityof Sciences Faridkot revised the age of to 65 years inspiteof directionof the CentralGovernmentthat assistanceto the StateGovemmentwill be onlyif the pay scales were revised as per scheme which was compositeone includingthe age of superation the StateGovemment and the State Universities failed to revise the age of to 65 years Accordingly case lS made out for issuance of direction to complywith the mandateofthe UGC byrevisingthe ageofsuperation to 65 years 1 8 In the replyfiled by the Stateof Punjabthe stand taken is that the 0 matterofrevision ofageofsuperation was refenedto a Commiuee The said C I Committeein its meeting held on 2962010 observedthat therewas no shonage of C qualified teachersin the Stateand therewas no needto enhancetheexisting ageof Z retirement the State Govemment appliedfor relaxation of instructions of the Central Govemment dated 1151010 vide leuer dated r 1082010 Letter of the Govemment of India onlyrelated to conditions for grant I c of financial assistancewhich is a matter betweenthe StateGovemmentand the Z Central Government Since the enhancementof age has serious fInancial m the State Govemmenthas not the revlSion of age The wao z Central Govemmenthas not givenany assistanceaRer l2010 Letter dated 31122008 is based on letter dated2332007 which was to Centrally 61ndedhigllerand technical educationinstitutionscomingunder the purviewof this ministryin order to overcome the shortage of teachers and though as per letter dated 2822009 followed by letter dated 1132010 the same could be extendedto the Statesand Stateuniversities reimbursementwas to be applicable only if the StateGovemments the scheme as a compositepackage providedState Goveents wish to adoptand implement the scheme The Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document CWP125I5of2010 11 The Regulations letter 1121 dated 31122008 were also accordingly limited in their applicability and the revised age was not unlessspeciScally extendedto the State Govemmentsand State universities Thus the petitionwas liable to be dismissed 9 Stand of the University 1S that as per service rules adoptedby the age of retirementwas 60 andthe saidrules havenot been andthusprayer in thepetitioncould not be accepted m r 10 Stand of the UGC is that the revision ofagewas applicable onlyto 0 U Centrally fundedhigherand technicaleducationinstitutionsunder thepurviewof I 9 and not to any of a college whichis nonded andmaintainedby I the UGC However theStateGovemmentcould adopt the decisionfor revising the Z ageofsupeuation 11 We haveheard leamedcounselfor theparties and perused therecord I 12 Learned counselfor thepetitioners submittedthatthough revisionof Z age as per letter dated 2332007 was initiallyapplicable to Centrallylnded m higherand technical educationinstitutions coming under the purviewof this 7 z ministryin order to overcome the of teachers the effect of letterdated 3112 2008 para 86vl was to extendthe same to all State universitiesand colleges also The StateGovents havingtakenfinancialassistanceof the Central Govemmentand havingoptedto the revised pay scales could not reject revlslon of age of as the Stategovemmentshad to implementthe schemecontained 111letter dated 31122008 asa compositeschemewithout any modiflcation In supportof the said submission reliance has been placedon judgrnentof learned SingleJudgeofPatna High Court dated2082010 in CWP Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document cwp42665 of 2010 12 1tl Nci11348of2010 Dre SunityPandeyand others ve the StateofBiharand others and ofleamed SingleJudgeofJharkhandHighCourtdated102011 in WP 6C9N0363 of 2010 DrMaheshwar Tiwaryand others ve The State of Jharkhandand others In the context of PanjabUniversityit was submittedthat gh the University was establishedunder the StateAct ie PanjabUniversity Act 1947 it became inter state bodycorporateunder thePunjabReorganization Act 1966 Maintenance and grantsare to be sharedand paidby concemed States asper directive ofthe Centml Govemment The Vice Chancellorofthe University 1 C in themeeting held on 2962010 informedthatthe hasbeenconsidered 0 to be a Centrallyfundedinstituteunder section26d9 Oofthe CentralEducational C3 Institutionservation in Admissionl Act 2006 6CEI2006 Act9Referencehas I t5 alsobeenmadeto the opinionofthe AttomeyGeneraldated26102010 as underl I It cannot be thatthePunjab is one of the Z oldestUniversitiesin thecoumrybeingestablishedin 1882 at Lahore as East Punjab UniversityAfter partitionthe University was reeestablished in India on Ist October 1947and I afterworkingat differentplacesSnallymoved to Chmdigarh Z 1111956 The Ministryof UID is rightlyconcemed in seelng thatthis institutionis not starvedof 8mds m m A letter Som Additional Secretary to Chainnan UGC dated l 112010 has also Z beenreferredto thefollowing effectl 0m 2 The matter has since been revisited The Central Govemment has obtained the opinionof leamed Auomey General for India Ocopyenclosed who has held that the earlier view of the Central Government based on which the Central law in matters concerning PunjabUniversitywas erroneouS This opinionofthe Attomeygeneralfor India paves the way to not only fund PunjabUniversityfor the purpose of expansion Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 427 CWP 565of2010 13 A requiredfor the CEI Act 2006but also enabling UGC to start meeting the financial needsofPunjabUniversity Accordinglyit was submittedthat thoughearlier the PanjabUniversity was held not to be Centralor Centrally funded ln the judgment of this Court 111 DreAeCJulka and others ve PunjabUniversity and tohers 2008 7SLR 198 the situationhasnow changed 13 It was pointedout that the Central govemment111 an affldavit filed beforeMadhyaPradesh HighCourtin similar writ petitions has taken a standthat m f the schemedated31122008 WaS to the Statesand State 0 Universitiesfor beingeligiblefor Central assistance Affidavit of the 0 CentralGovemment hasbeen filed as Annexure PA in CWP No16357 of2010 0 14 Learned counsel for the State and the State universities other than I Panjab opposed the submission It was statedthatthedecisionof the Z Central Govemmentdated 2330007 to revise the age of supeuation to 65 0 years was applicableonly to Centrallyfunded higherand technical education institutionscomingunder the purview of this ministryin order to overcome the C Z shortage ofteachers Letter dated31122008 provided that the schemecould be CO extendedto States provided StateGovemmentswish to adoptand the scheme Thus Z till the StateslStateuniversitieswished to adoptthe schemeof Il reVlSlon of age of therewas no automaticrevision of age of Letter dated31122008was onlyaddressedto UGC letter dated2022009 from the UGC to the StateGovemmentswas on thesubject ofreimbursementoffinances involved Similar is thepositionwith regardto letter dated 1152010 The 2010 Regulationsalso did not automatically revlSe the age of superation exceptin relation to Centrally8lnded higherand technical education institutions comingunder the purviewof this ministryin order to overcome the shortage of teachers In such a situation it was for the State 5 SIl n K Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 428 CWP 365of2010 14 and the State Universitiesto take a decisionto revise the age of 1 R superannuation ln absenceof which the age of superation was as prescribed in the rules View takenin the of Jhaand and PMna High Courts could not be followed in Vlew ofthe Honble Supreme Court in B Bharat Kumar and othersv Osmania and others 2007111SCC 58 which has been followed byDivision Bench of this Court in Dre AeCeJulkae This beingtheposition in absenceofconOict in the UGC Regulation and decision of the Statecontentionof RegulationbeingcoveredunderEntry66 of List I and 1 Q thus ovenidingthe Statelegislationdid not anse as held in similar situationby Honble the Supreme Court in BeBharat Kumar andbythis Court in Dre AeC 0 I Julkae Distinctionpointedout thatwhenthe issuewas consideredin Be Bharat Cao Kumar andDre ACe Julka thedecision was onlyexecutivedecisionandnow the I same hasbeen fonnalizedas a mtory provisionby way of under Z section260ftheUGCAct is not significantThe Regulationitself limits the lr ofthe revised ageto Centrally 81ndedhigherand technicaleducation I institutionscommgunderthe purviewof this ministry 111order to overcome the C Z of teachers leavingthe issue of extensionto otherinstitutions as per co letterdated 1152010 2319 32 15 Learned counsel for the Panjab submittedthat thePanjab c was not a Central as earlier held by this Court ln DreAeCJulka and the revised of age was not applicableHowever on account of certain the issue whether it was Centrally81ndedwas a debatableissue and matter in this regard was pendingwith the CentralGovemmentand the said university will abide by suchdecisionas may be takenby theCentralGovemment At thisstagethe Panjab Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 429 15 CWPNo9665 of 2010 did not wish to take any stand whether it was centrally or not as the saidissue is still to be decidedbythe CentralGovernment 16 counselfor the CentralGovemment stated that he has no instructionsin the matter 17 In view of rival contentionsnoticedabove we to deal with thequestions referredfor our Re2al Deemedamendment to the statutory rules bv virtue of schemedated 311202008 e r 18 The scheme dated 31 22008 refers to revision of age of 0i vide letter dated 2332007 which applies to Centrallyfunded I and technical educationinstitutionscomingunderthe purviewof this 45 ministry 111orderto overcome the of teachers As per subpara Oolof 2 para 8 the schememay be extendedto otherinstitutionswho wish to adoptthe same Clause6gof subpara p 6v9 that centralassistance was subject to theschemebeing as schemeThus thesaidschemedoes r not envisageaomatic revision 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 VA Z of the said scheme in does not changeits character as the also provides that the schemedoesnot extendto all the institutions unless exnded as per para 23 The matter was consideredby the Honble SupremeCourt with regardto similar schemedated 2771998 and the scheme was held to be voluntaryThe contention that the scheme must be as a composite one was rejectedContention with regardto of Entry66 of List I was also rejectedWe may quotebelow the relevantpart of letter dated 2731998 interpreted by the Honble SupremeCoun ill Batra Amit 2014.07.01 11: 50 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 430 CWP 65012010 16 aod relevant part of letter dated 3112 1998 which we have to interpretfor companson Letter dated 27701998 Letter dated 310121998 4 The paymentof Central asslstance 8Ov1g1e Payment of central for ofthe schemeis also assistance for thisscheme subject to the condition that the en6re 1S also subjectto the condition that the scheme of revision of pay scales entire schemeof revlS100 of pay scales togetherwith all the conditionsto be togetherwith all the conditions to be laid down in this regardbyUGC byway laid down by the UGC by way of m and other guidelines shall C