r 425 P 12 e IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 9 CWP Noe9665of2010 Dateofdecisionl 4 32011 Profe SSBindra and others eeePetitioners Vs The State ofPunjaband others Respondents And connected petitionsbeingCWP Noe1392of 2009 CWP Nose1268 1297 1324 1932 2661 3803 4583 to 4585 4607 46 7176 7321 8823 9465 106161107611972 1260312604127361288213117142651427714604 14693 15001 15447 15463 15508 15624 15880 16185 16223 16357 16961 17140171551716317400175451883719087191521925619501 18508 1857519596 19693 19699 19749 19841 19908 19935 20036 20225 20226 to 2029 20422 20613 20693 2072 2072 Z0750 2085 21135 to 0 21137 21159 21240 21241 22449 22673 22736 22818and 23003 of 2010 AND 9 CWP Nos184 345 585 838 896 897 1001 1304 1386 1429 1495 1618 r 1782 2065 3391 3464 823492 of2011 Z CORAM2 2 HONBLE MR JUSTICE ADARSH KUMAR GOEL r HONBLE MRe JUSTICE AJAY KlJMAR MITTAL Presentlw Dr Balram GuptaSr Advocate with Ms Anamika Neg Advocate 1 CWP Nos9665 15463 15508 CO 15624 17545 19087 19256 21159 22818 of 2010 and 1495 81 Z 346412011 OO Mr Blvl SinghAdvocate and Mr Anshul Joy Advocate 6inCWP Nos 7321 12882 14693 15001 n7 Z 20296to 20298 21136 8523003of2010 and 14298 3492 of201 19 L2 Mr SaijitSinghSr Advocatewith Mr Vikas SinghAdvocate 6inCWP No14265 and 19841of20109 Mr RlC Malik Sr Advocate with Ms Komal Shanna Advocate 6InCWP Nos176 8823 12603to 12604158801696118837191520f2010 Mr Arun Nehra Advocate0nCWP Mr RD Anand Advocate l CWP No12971101 Mr Padam Kant Dwivedi Advocate 1 6inCWP Nol71401109 Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 2 426 CWPI 650f2010 13 2 nr Nl ManojChahal Advocate 6inCWP Nos19501 20226 21135 212408 Mr SS Salar Advocate in CWP Nol0616 20613 of 2010 184111 Mr Atul Kaushik89ManjitSinghAdvocates 6inCWP No226731109 Mr AnupamAdvocate 6inCWP No7155110 Mr NS BhardwajAdvocate6inCWP Mr AlC Bishnoi Advocate OinCWP No0422110 Mr Kewal Kumari Advocate l CWP Nos465110 13041111 1 1Z Mr Saurabh Arora AdvocateGnCWP Nosl1241110 839111 1 0 t40 Mr SubhashAha Advocate l CWP N013861119 I Mr Ashok SehgalAdvocate0inCWP No8511 19 t5 I Mr SudhanshuMakk Advocate Z in CWP m MrlllileshBhardwajAdvocate OnCWP Nos 1932 20728 ce 20729 r of2010 I Mr S1C Tamak Advocate n CWP Nos324 11972 21137 md 22736 of2010 Z Mr SlC Arora Advocate 00 6inCWP Nos19935110Ee896111 evo Dr SuryaPrakash Advocate 6inCWP Nos1268 2661 4583to 4585 Z 4607 4617 and 19908of20109 for m Mr Jaswinder SinghDAG Punjab Mr am GuptaAdvocate for PanjabUniversity Mr SC Sibal Sr Advocate with Mr VSe Rana Adv for Kwukshetra University Mr Amrit Pal Advocate for Guru Nanak Dev University Mr NR DahiyaAdvocate and Mr Amit Rao Adv for Mr SlC Sharma Adv for UGC Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 427 CWPI 65of 2010 1 Mr AshwinieBansal CentralGovt Counsel lvlrsKamlaMalik CentralGovt Counsel Mr Rajdeep S Cheema Advocate for 11Ec12 in CWP No2736110 for Nos8 10in CWP Nol3l 17110 for No in CWP No16185110 for Nos Ee10in CWP No18575110 for No6 in CWP No19749110 for Nos 8 6 in CWP N020036110 Mr HemenderGoswamiAdvocate for No6 in CWP No896111 Mr SC NagpalAdvocate 1 for 8 6 in CWPNo321110 c C for No6 in No12882110 0 0 Adarsh Kumar GoelJ 1 This orderwill dispose of a bunch of 100petitions mentionedabove Accordingto learned counsel for the all the writ petitions involve Z common relatingto claim of the writ for revisionof age of retirementto 65years The said claim is basedon letter dated31122008 ofthe C4 of India addressedto the UniversityGrants Commission UGC I followedby letterof the Government of Indiadated 115010 to the Education Z Secrewies of all State Govemments and notiflcation of UniversityGrants 00 Commission Minimum for of teachersand other e Academic Staff in Universities and Collegesand other Measures for the 4 ll Maintenance ofstandardsin HigherEducation 2010 2 A bunch ofpetitions came up for hearingbefore leamedSingleJudge who vide order dated 4102010 refened the matter to the Division Bench as follows 463 Since the final outcome of these cases is likely to have far reaching includingsome impacton other Stateservices t e Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 7563414 428 CWPI 65 of 2010 4 14 also it appearsinterwaliathat the followingimportant questions of law needto be bya largerbenchm a Whether the serviceconditionsincluding the age of retirement in the stamtoryservice rules 8amed under provisoto Article309 ofthe Constitutionor under a statute can be deemedto have been amendedby virtue of the CircularlSchemedated 31 122008 issuedby the GovemmentofIndia7 r b9Whether the Govemment of India is competentto command the StateGovernmentslUniversitiesto increasethe age of retirementof a sectionofthe m r c9Whether the States haveany lawful authority to bargeinto theSeld 0 of Education when the subjectmatter is directlyreferableto Entry 0 66 ofList I Union List or Entry25 ofthe List III Concunent List I t5 only2 d1 What will betheimpactofthe GovemmentofIndia Schemeor the Z UGC in the case of teachersworking in the interstate Universitieslike PanjabUniversity e1What is the scope of Statutory powers of UGC and whether such I powerswould include the alhority to lay the L3 Z conditionsofserviceincluding the ageofretirement2 OO 4 Admittedto DJ3 Let the recordsofthese cases beplacedbeforeHonble the Chief Justice for enlistingthem before an Bench on e2 Z 15112010 Om XXXXX m XXX Xxx the matters havebeen placedbefore this Bench SeveraIother wt petitions filed aller the order ofreference havealsobeen listed for hearing 3 CWP No665 of 2010 has been treatedto be the main petitionon of leamed counsel for the partiesand pleadings are beingreferred to from the said petitionCase of the petitioners is that theyare teachingin different deIments of Guru Nanak Dev UniversityCGNDUOTheir age 1S Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 429 CWPII 150f2010 0 60 years as per rules The Goveent of India appointed Sixth Pay to considerthe demandof the CentralGovemment COmmlSSlOn on 6therserviceconditionsThe said Commission gave itsreport on 2432008 whiclwas by the Union on 1482008 The UGC an expertcommitteeto consider the of the teachersin UnNersitiesand collegesfor revisionof pay scales and otherallied issues by Prof GKChadha The Committeegave its report revision ofpayscalesandenhancementofageofsuperation to Q to improve the standardof qualityof highereducation 0 tothe 0 C5 ageof70 yearSe I 4 Based on of the saidreportthe Govemment of India Z dated2332007 conveyed itsdecisionto reviseage of vide C of all personsholdingteachingposition as on 1532007 to 65 years and also I The said age Z Centrallymdedhigherand technical education institutions was Cll thepurview of this ministryin orderto overcome the shortage of comingunder z teachers ThereaRer vide letter dated31122008 Annexure P3 schemefor Clm ofpayscaleswas bytheMini5try of to theUGC Therein 1SSue of age ofsuperation also 6guredin para 860 The said para alongwith subpara009ofpara8 are belol 8 Other terms and conditions2 a9to eleXXXX xx XX xx f Ageof i9inorder to meet the situation arisingout of shortageof teachersin universities and other teachinginstihltions and Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document CwP430 65 of 2010 6 41 the consequent vacant positionstherein the age of superation for teachers in Central Educational hasalreadybeenenhancedto sixtyfive years vide the dement of highereducation letter NoENo e 1912006U1Idated233 2007 for thoseinvolved in class room teachingln orderto attract eligiblepersons to the career and to retain teachersin service for a longer period Consequenton upwardr8VlSlOtl of the age of supeation of teachers the Central Govemment has ahorized the CentralUniversitiesvide of highereducation DO letter NoF1e2412006Desk 6U9 1 Q dated303007 to enhance the age of superation of 0 Vice chancellorsof CentralUniversities om 65 yearsto 70 0 years subjectto amendmentsin the respective statutes with I the of the competentauthorityTisitorin the case C5 of Cenoral I ii9subject to of vacant and fitness Z teachersshall also be re on contract appointment 2 tZ the age of sixtyflve yearsuptothe age of seventy years beyondthe age of I C3 shallhowever be done selectively for a limited periodof Z threeyearsin the flrst instanceand thenfor another81rther period of two yearspurelyon the basis of merit experience m 41 area of merit experiencearea of and peer mm Z groupreview and onlyagainstavailable vacant positions without selectionor prospectsof eligibleteachers Whereasthe enhancementof the age of for teachers engaged in class room teachingis intended to attract eligiblepersonsto a career ln teachingand to meet theshortage ofteachersby retainingteachersin servicefor a longerperiodand whereas there is no shortagein the of librariansand Directors of PhysicalEducation the increase in the age of superation from the present Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 431 7 CWP 650f2010 14 twoyears shall not be available to the of Slxty 1 Librarians and DirectorsofPhysicalEducation Xx Xx XX Xxx XXX plApplicability of the Scheme2 i This scheme shall be applicableto teachers and other cadres of Library and PhysicalEducation in all the Central Universities and collegesthereunder and the institutions deemed to be universities whose maintenance is met by the UGC The 1 of therevisedscalesshallbe subject to the C of all the conditionsmotionedin this letter as 0 wellas to be framedby the UGC in thisbehalf 0 Universities this schemeshall be advisedby I theUGC to amendtheir relevant statutes and ordinancesin C5 line with the UGC to amendtheir relevant statutes and I in line with the UGC within three Z months8om the dateofissue ofthis letter Q iil to ivl xx Xx XY Xx I v1This schememay be extendedto unersities colleges CO and other highereducationalinstitutionscomingunder the Z of State providedStateGovernments C10 wish to adopt and implementthe scheme subjectto the m following terms and conditions Z a1Financeassistancefrom the CentralGovemmentto Om StateGovemmentsoptingto revisepay scalesofteachers and other cadre coveredunder the Scheme shallbe limited to the extent of 80Ieighty percentlof the additional involved 111 the ofthe revision b9The state Goveent optingfor revision of pay shall meet the remaining200Io twenty percen of the additionalexpenditure 8om its own sources j e w Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 432 CWP 165of 2010 8 r44 cl to fOxx Xx Xxx Xxx Xxx t gl Paymentof central assistancefor this schemeis also subjectto the condition that the entire schemeof revision of pay scales with all the conditionsto be laid down by the UGC by way of and other guidelines shall be by State Govemments and universities and colleges comingunder their jurisdiction as a compositescheme withoutany modiftcationexceptin regard to the date of and scales of pay mentioned herein above supplied9 0 5 The UGC vide letter dated 282009 Annexure PA addressedto 0 Education Secretariesof all the State Govemments that the State 0 Governmentsmay initiateimmediateaction for of scheme of I reVlSlOn ofpayin a time bound manner The letteralso refenedto the issueof Z enhancementof retirement age The Stateof Punjabvide notiScationdated c 292009 revisedthepay scalesofteachers and equivalent cadresin theuniversities I and collegesof the State we l 2006 Annexure Pl as per leuer dated C3 2 3 1122008 Annexure P and also stated that the scheme will be applicable subject to acceptanceof conditionsmentionedin the saidletter C 3 6 CWP N16370 of 2009 JagirSinghKahlon and others ve Stateof Z Punjabondanotherwas filedin thisCourt a directionforrevisionof age of retirementas per notificationdated31122008 and this Court vide order dated 6A010 directed the State Goveent to take a conscious policy decision Thereailer vide letter dated 1152010 AnnexureP3 the MinistryofI wrote to the State Govemments about the issue of revision of pay scale Refeningto letter dated 31 122008 it was mentionedthat the scheme could be extendedto institions under the State Govemments providedState Governments wish to adoptand implementhe Schemee It was lrther mentioned that as per the said J e4 Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 433 1 9 CINP 6650f2010 41letterthe State Govemments are requiredto implementthe scheme as a eW composite one the ageof mentionedin para 860of this letter dated311220089 with all theconditionsspeci6ed or to be by UniversityGrants Commission UGC9by and other 7 UniversityGrants Commission6Minimum ofteachersandotherAcademicStaffin UniversitiesandColleges andother Measures for the Maintenance of standards in Higher 1 2010were no8fied vide notificationdated 3062010 ln 0 azette of India dated 189010 The said have been framedbyUGC Ca I under Section26 ofthe UGC Act 1956and are to Centralas well as C5 State Universitiesandaffiliated collegesPara 2 providesthat for I maintenanceof standardsin highereducationshall be as in the Annexure Z The exure contains interealiafollowing r 4r 2100 The revisedscalesof pay and otherserviceconditionsincludingage I 0 of in Central universities and other institutions Z maintainedarVor lnded by the UniversityGrants Commission shallbe strictlyin accordancewith thedecision ofthe Central C0 Goveent MinistryofHuman Resource Depanment Z as containedin AppendixI7 CL 2e3The revised scalesof pay and age of superation as provided lll Clause210 above may also be extendedto Universities colleges andother highereducationalinstibltionscomingunderthe purviewof the State Legislatureand maintained by the State Goveents subject to the of the scheme as a composite one ln adherence of the terms and conditions laid down in the MEn2D notificationsprovided as AppendixI and in the MIiRD leuer Nol 712010U II dated 11 May 2010 with all conditions specifiedby the UGC in theseRegulations and otherGuidelines em 4999699deMIv Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 434 CWPI 55of 2010 4Y I is letter dated 31 122008 Thoughthe Baba Farid Universityof Faridkot revised the age of superation to 65 years inspiteof of the CentralGovemment that assistanceto theStateGovemment will be only if the pay scales were revised as per schemewhich was one includingthe age of the StateGovemment and theState Universitiesfailed to revise the age of to 65 years Accordingly case 1S madeout for issuance of direction to complywith the ofthe UGC byrevisingthe ageof to 65 years 1 8 In the replyfiled by the Stateof Punjabthe standtaken is that the O matter of revision of age of superation was refenedto a Commiuee The said 0 I Committeein its meeting held on 2962010 observedthat therewas no shonage of C5 qualified teachersin the Stateandtherewas no needto ece theexistingageof the State Govemment appliedfor reiaxation of retirement Z of the Central Govemment dated 113 2010 vide letter dated 2 tr 1082010 Letter ofthe Govent ofIndia onlyrelatedto conditions for grant I of financialassistancewhich is a matter between the StateGovemment and the C3 Z CentralGovemment Since the enhancement of age has serious Snancial CQ the State Government has not the revlSlOn of age The 7z Central Goveent has not givenany assistanceafter l A201 0 Leuer dated 71 312008 is based on letter dated 2332007 which was applicable to Centrally 8indedhigherand technical educationinstitutionscomingunder thepurviewof thisministryin order to overcome the shortageof teachers and thouglas per letterdated 2822009 followed by letter dated l 52010 the samecould be extended to the Statesand Stateuniversities reimbursement was to be applicable onlyif the StateGovemments lementedthe scheme as a composite package State Govemments wish to adoptand implement the scheme The Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 11 was not ofautomatic revision ofage The leuer dated31122008 were also limited in their and the revised age was not unless extendedto the StateGovemments and State universities Thus the petitionwas liable to be dismissed 9e Standof the Universityis that as per servlce ruiesadoptedby the age of retirementwas 60 and the said rules have not been andthusprayer in thepetitioncould not be accepted 1 Q 10 Standof the UGC is that the revision of age was onlyto 0 0 Centrally 81ndedhigherandtechnicaleducationinstitutionsunder thepurview of and not to any of a college which is not fundedand maintainedby I theUGC However the StateGovemmentcouldadoptthe decision for revising the Z age ll Wehaveheardleamedcounselfor theparties andperused the record 12 Learnedcounsel for the submittedthatthoughrevision of Z age as per letter dated 2332007 was initiallyapplicable to Cenuallyhlnded Cn higher and technical education instimtions comingunder the purviewof this 7 ministryin order to overcome the shortage of teachers the effect of leuer dated 0 31122008 para 86v9 was to extendthe same to all State universitiesand colleges also The State Govemmentshavingtaken6nancia1assistanceof the CentralGoveent and havingoptedto the revised pay scales could not reject revlSlOn of age of superation as the Stategovemmentshad to implement the schemecontained in letter dated 31 22008 as a composite schemewithout any modiflcation In supportof the said submission reliance has been placedon judgment of leamed SingleJudgeof Patna High Court dated 2082010 in CWP 4 Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document CWP 65 of 2010 12 11348 of2010 DreSunityPandeyand othersve the StateofBiharand others and ofleamed SingleJudgeofJharand HighCourtdated1012011 in WP 6C9N0363 of 2010 DreMaheshwar Tiwaryand others ve The State of and others In the context ofPanjabUniversityit was submittedthat though the Universitywas established under the StateAct ie PanjabUniversity Act 1947 it became inter state bodycorporateunder the PunjabReorganization Act 1966 Maintenance and grantsare to be sharedand paidbyconcemedStates asper directive ofthe Central GovemmentThe Vice Chancellorofthe University in themeeting held on 2962010 informedthatthe hasbeenconsidered 0 tobe a Centrally81ndedinstituteunder section26dl6ivlofthe CentralEducational 0 in Admission Act 2006 6CEI2006 Act Referencehas I also beenmadeto theopinionofthe AttomeyGeneral dated26102010 as underl I It cannot be forgotten that the PunjabUniversity is one of the Z oldestUniversitiesin the countrybeingestablishedin 1882 at C Lahore as East PunjabUniversityAfter partitionthe was reeestablished in India on Ist October 1947and I afterworng at differentplacesfinallymoved to r Z lll 1956The Ministryof HD is rightlyconcemedin seeing thatthis institutionis not starvedof 6mds ril A letter from Additional Secretary to Chairman UGC dated 112010 has also Z beenreferredto thefollowing effectl ll 2 The matter has since been revisited The Central Goveent has obtained the opinionof leamed Attorney Generalfor India copy enclosetowho has held that the earlier Vlew of the Central Govemment based on which the Central Govemment had indeedSled certain affidavitsbefore couns of law in matters concerning PunjabUniversitywas erroneous This opinionofthe Attomeygeneralfor India pavesthe way to not only PunjabUniversityfor the purpose of expansion Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 437 13 CWPIvu0w65of 2010 4 for the CEI Act 2006but also enabling UGCto start meetingthe financialneedsofPunjabUniversity it was submted that thoughearlier the PanjabUniversity was held notto be Centralor Centrallyfundeduniversity in thejudgment of this Coun in Dre AeCeJulkaandothersve Punjab and tohers 00897 SLR 198 the situationhasnow changed 13 It was out that the Centralgovemmentin an affidavit filed before Pradesh HighCourtin similar writ petitions has taken a standthat 1 the schemedated31122008 was aWomatically to the Statesand State 0 Universitiesfor beingeligiblefor Centralassistance Affidavit of the 0 Government has been filed as AnnexurePA in CWP No6357 of2010 I t5 counsel for the Stateand the State universitiesother than 14 I PanjabUniversityopposed the submission It was statedthat the decision of the Z 5 CentralGovemment dated 2332007 to revise the age of to 65 C2 only to Centrallylnded higherand technical education years was I comingunderthe purviewof this ministryin orderto overcome the C Z shortageofteachers Letterdated3122008 provided that the schemecould be Ol extendedto States provided StateGovemmentswish to adoptand the scheme Thus till the StateslState universities wishedto adoptthe schemeof Z of age of therewas no automaticrevision of age of reVlSlOn superationLetter dated31 22008 was onlyaddressedto UGC letterdated202009 8om the UGC to the StateGovemmentswas on the subject offinances involved Similar is the positionwith regardto leUer dated1152010 The 2010 also did not auwmaticallyrevise the age of superation exceptin relation to Centrally8mded higherand technical institutions comingunder the purviewof this ministryin order to overcome the shortageof teachers7 In such a situation it was for the State e 4 1e4w4el9 Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 438 CWP 365of2010 14 1 49 and the State Universities to take a decision to revise the age of R in absenceof which the age of superation was as prescribed inthe rules View takenin the of JharkhandandPatnaHigh Courtscould not be followed in view ofjudgment ofthe Honb1e Supreme Coun in Be Bharat Kumar and others v Osmania Universityand others 020079 11 SCC 58which has been followed by Division Bench of this Court in Dr AeCeJulka This beingthepositionin absenceofconflict in the UGC Regulatinand decision of the Statecontentionof beingcoveredunderEntry66 of List I and 1 C thus overriding the Statelegislationdid not arise as held in similar sitnationby 0 Honble the Supreme Court in Be Bharat Kumar and by this Court in Dre AeCe U Julka Distinction pointedout that when the issue was considered in Be Bharat I Kumar and Dre AC Julka the decisionwas onlyexecutivedecisionand now the I same has been fonnalized as a statutoryprovisionby way of Regulation under Z section 26 of the UGC Act is not significantThe Regulation itself limits the 2 0 applicability ofthe revised ageto Centrally Slndedhigherand technical education I institutionscoming under the purviewof this ministry in order to overcomethe Z shortage of teachers leavingthe 1SSUe of extension to other institutions as per 00 leuer dated113201Regulation231 172 150 Learned counsel for the PanjabUniversity submiued that the Panjab Q was not a Central as earlier held by this Court in DrACJulka and the revised age of was not applicableHowever on account of cenain the issue whether it was Centrally81nded wasa debatableissue and matter in this regard was pendingwith the Central Govemmentand the said university will abide by such decision as may betakenbythe Central Govemment At this stagethe Panjab Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 439 rr CWP 565of 2010 1 5 et rV did not wish to any particular stand whether it was centrally funded or not as thesaidissue is still to be decidedbythe Central Govemment 16 Leamedcounselfor the CentralGovemmentstatedthat he has no instxuctionsin the matter 17 In view of rival contentionsnoticed aboe we proceed to deal with thequestions referredfor our Re2 aI Deemed amendment to the statutOrv rules bv virtue of schemedated 3101202008 1 r 18 The scheme dated 31122008 refers to revision of age of 0c vide letter dated 232007 which applies to Centrallyfunded higherand technical educationinstitutionscomingunder the purviewof this C5 ministry in orderto overcome the of teachers As per subpara pl of Z para 8 the scheme may be extendedto other institutionswho wish to adoptthe same Clause6gof subpara G0919provides that centralassistancewas subject to r theschemebeing as schemeThus the saidschemedoes not automaticrevision of age to all institutionsunless the State Z Governmentswish to adoptthe same Iftheydo not wish to adoptthe same it may m have ramiflcation on central assistance beingprovidedas mentioned therein V7 Z Adoption of the said scheme in does not changeits character as the 11 also provides that the schemedoes not extendto all the institutionsunless eended as per para 231 The matter was consideredby the Honble SupremeCourt with regardto similar scheme dated 273998 and the scheme was held to be voluntaryThe contention that the scheme must be asa composite one was rejectedContention with regardto applicability of Entry 66 of List I was also rejectedWe may quotebelow the relevant part of letter dated 2731998 interpreted by the Honble SupremeCoun Al Uma 2014.07.05 14: 39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 440 16 CWP 65 of 2010 P and part of letter dated 31 12998 which we have to interpretfor COWlSOlle Letterdated 27701998 Letterdated 31121998 8plgl Payment of central 4 The paymentof Centralassistance assistance for this scheme for ofthe schemeis also to the condition that the entire 1S alsosubjectto the condition that the entireschemeof revision of pay scales schemeof revision of pay scales with all the conditions to be with all the conditionsto be laid down by the UGC by way of laiddown in this regardbyUGC byway 1 and other shall 0 of is by the State Govemments as a composite be by State Govemments 0 and universitiesand collegescoming C3 scheme without any modification undertheir jurisdiction as a composite I except to the dateof implementaon and 0 scheme without any modification scalesofpayas indicatedabove I except in regardto the date of and scales of pay Z mentionedhereinabove 2 C I Relevant