1 4 66 A IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 CWP Noe9665of2010 Date ofdecisionl 4 32011 ProfeSSBindra and others Petitioners Vse The StateofPunjaband others Respondents And connected petitionsbeingCWP No1392 of 2009 CWP Nose1268 1297 1324 1932 2661 3803 4583 to 4585 4607 4617 7176 7321 8823 9465 9773 106161107611972 1260312604127361288213117142651427714604 m 14693150011544715463155081562415880 16185162231635716961 Ct 17140171551716317400175451883719087191521925619501 18508 1857519596 19693 19699 19749 19841 19908 19935 20036 20225 20226 0 20296t0202982042220613206932072820729107502085421 to 0 21137 21159 21240 21241 22449 22673 22736 22818 and 23003 of 2010 AND 0 CWP Nose184345 585 838 896 897 1001 1304 1386 1429 1495 1618 1782 2065 3391 34648 3492of2011 Z CORAM HONBLE MR JUSTICE ADARSH KUMAR GOEL Ct HONBLE MRe JUSTICE AJAY KUMAR MITTAL 1 I Presen Dr Balram GuptaSr Advocatewith Ms Anamika Negi Advocate Gn CWP Nos665 15463 15508 Cl 15624 17545 19087 19256 21159 22818 of 2010 and 1495 85 Z 346412011 00 Mr BM SinghAdvocate and Mr Anshul Joy Advocate 6inCWP Nos 7321 12882 14693 15001 2 Z 20296to 2029821136 0 23003of2010and14298 3492 of20119 Qm Mr SarjitSinghSr Advocate with e Vikas SinghAdvocate6inCWP No14265 and19841of20109 Mr RlC Malik Sr Advocate with Ms Komal Shanna Advocate l CWP Nos176 8823 12603 to 12604158801696118837191520f2010 Mr Arun Nehra Advocate n CWP 1 Mr RJO Anand Advocate in CWP No12971101 i 1 Mr Padam Kant Dwivedi Advocate 1 in CWP 1 1 1 emweeeeeeweeee r 9 e Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 67 1 1E HIGH COET OF PUNJAB AND HARYANA AT CHANDIGARH Lv CWP Noe9665of2010 Date ofdecisionl 4 32011 1 Profe S0SJ3indraand others Petitioners Vs The StateofPunjaband others And connected petitionsbeingCWP Noe1392of 2009 CWP Nose12681297 1324 1932 2661 3803 4583to 4585 4607 4617 7176 7321 8823 9465 9773 10616 11076 11972 12603 12604 12736 12882 13117 14265 14277 14604 1 14693150011544715463155081562415880 16185162231635716961 19508 0 19575 19596 19693 19699 19749 19841 19908 19935 20036 20225 20226 0 20296t020298204222061320320728207292075020854 21135 to 21137 21159 21240 21241 22449 22673 22736 22818 and 23003 of 2010 I AND Cao CWP Nose184 345 585 838 896 897 1001 1304 1386 1429 1495 1618 1782206533913464 S 3492of2011 Z CORAM2 HONBLAR JUSTE ADARSH KUMAR GOEL HONBLE MR JUSTICE AJAY KUMAR MITTAL Presen Dr BalramGuptaSr Advocatewith C1 Ms Anamika Negi Advocate CWP Nos665 15463 15508 Z 15624 17545 19087 19256 21159 22818 of 2010 and 1495 346412011 4 00 Mr BM SinghAdvocate and Mr Anshul Joy Advocate6inCWP Nos 7321 12882 14693 15001 7 Z 20296 to 20298 21136 23003of2010 and 1429c 3492 of20119 ll Mr SarjitSinghSr Advocatewith Mr Vikas SinghAdvocate6inCWP No14265 and 19841of20101 Mr RlC Malik Sr Advocate with Ms Komal Sharma Advocate On CWP Nos7176 8823 12603 to 12604158801696118837191520f2010 Mr ArunNehra Advocate 6inCWP Mr Rll Anand Advocate 0inCWP No12971109 Mr Padam Kant Dwivedi Advocate in CWP No71401109 N n 1 1 15117 3 4 n 24 Clll Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 1 68 CWvu665 of 2010 2 Mr ManojChahal Advocate 0n CWP Nos19501 20226 21135 21240 e Mr SS Salar Advocate n CWP No10616 20613 of 2010 8 184111 Mr Atul Kaushik ceManjitSinghAdvocates in CWP N022673110 Mr AnupamAdvocate in CWP Mr NS BhardwajAdvocate 6inCWP No06931109 Mr AlC Bishnoi Advocate0inCWP No04221101 1 Mr Kewal Kumari Advocate6inCWP Nos84651108e13041111 Q e SaurabhArora Advocate 0nCWP Nos1241110 2e3391111 0 C Mr SubhashAhujaAdvocate l CWP No 13861119 I t5 Mr Ashok SehgalAdvocate 1 CWP N03851119 I Mr SudhanshuMaar Advocate Z in CWP Mrlllilesh Advocate CWP Nos 1932 20728 20729 r of2010 I Ivlr SK Tamak Advocate in CWP Nos1324 11972 21137 and 227360f2010 Z Mr SlC Arora Advocate m in CWPNos199351108 896111 7 Dr SuryaPrakh Advocate6inCWP Nos1268 2661 4583 to 4585 Z 4607 4617and 19908of20109 for Cle Mr JaswinderSinghDAG Punjab Mr AnupamGuptaAdvocateforPanjabUniversity Mr SC Sibal Sr Advocate with Mr VS Rana Adv for KurukshetraUniversity Mr Amrit Pal Advocate for Gwu Nanak Dev University Mr NR DahiyaAdvocate and Mr Amit Rao Adv for Mr SK Sharma Adv for UGC 1 Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 69 CWP 565of 2010 12 It 1 Mr AshwinieBansal CentralGovt Counsel MrsKamla Malik CentralGovt Counsel Mr RajdeepS Cheema Advocate 11 ce 12in CWP No12736110 for 8 10in CWP No31 17110 in CWPNo6185110 for Nos 8 10in CWP No 18575110 CWPNo19749110 for 6 in CWP No0036110 Mr HemenderGoswamiAdvocate for in CWP No896111 1 Mr SC NagpalAdvocate 1 for c 6 in CWP No321110 C for in CWP No12882110 0 Ca Adarsh Kumar GoelJ I C5 1e Thisorder will dispose of a bunch of 100petitions mentionedabove I to leamed counselfor the petitioners all the writ petitions involve Z common relating to claim of the writ for r0VlSlon of age of retirementto 65 years The said claim is based on letter dated 3122008 ofthe C Governmentof India addressedto the UniversityGrants Commission UGC I followedby letterof the Govemment of Indiadated 1132010 to the Education Z Secretariesof all State Govemmentsand notification of Grants m Commission Minimum for of teachers and other 7 Z Academic Staff in Universities and Collegesand other Measwes for the Ll Maintenanceofstandardsin HigherEducation 2010 2 A bunch ofpetitionscame up for hearing before leamedSingleJudge who vide order dated 4102010 referred the matter to the Division Bench as followslm 443 Since the flnal outcome of these likelyto have far cases 1S reaching including some lmpacton other Stateservices r r 1 Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 1 70 n CWP 3650f2010 4 4 also it appearsinterlia that thefollowingimportant questions of law needto be bya largerbencl a Whether the servlce conditions includingthe age of retirement prescribed in the stamtoryservice rules framed under provisoto Article 309 ofthe Constitutionor under a statute can be deemedto have been amended by virtue of the CircularlSchemedated 31122008 issuedbythe GovemmentofIndia2 b Whether the Govemment of India is competentto command the StateGovernmentslUniversities to increase the age of retirementof a sectionofthe 1 C c9Whether the States haveany lawful authority to bargeintothe field 0 of Education when the subjectmatter is directlyreferableto Entry 0 66 ofList I Union List or Entry25 ofthe List III ConcurrentList I C0 only2 I d9 What will bethe impactofthe GovemmentofIndia Schemeor the Z UGC in the case of teachersworking 111theinter state UniversitieslikePanjabUniversity Q e9 What is the scope of Statutory powersof UGC and whher such powers vvould include the to lay the r Z conditionsof serviceincluding the ageof retirement2 Qo 4 Admitted to DB Let the recordsofthese cases be placedbeforeHonble the Chief Justice for enlisting them before an Bench on me Z 1520102 ll XX Xxx XXX XXXX Accordinglythe matters have been placedbeforethisBench Several other wnt petitions filed afterthe order ofreferencehave also beenlisted for hearing 3 CWP No9665 of 2010 has been treated to be the petition malll on suggestionof leamed counsel for the partiesand pleadings are beingreferredto from the said petitionCase of thepetitioners is that theyare teaching in different of Nanak Dev University U9 Their age 1S V Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 665012010 5 ears as per rules The Govemment of India appointed Sixth Pay Commissionon 502006 to consider the demand of the Centml Govemment for increasein salaryand ofother serviceconditions The said Commission gave its reporton 2432008 which was approvedby the Union Cabineton 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 Committeegave its repon revision ofpayScalesand enhancem6ntof ageof superation to m tr meet the situationarising out of shortage of teachersand to auract eligible scholars 0 to the teaching to improve the standardof qualityof highereducation 0 The said Committeealso recommended of retiredteachersuptothe I C5 ageof70 yers I Z 4 Based on considerationof the saidreportthe Govemmentof India vide lettersdated2332007 conveyed its decisionto revise age C of all personsholdingteachingposition as on 1532007 to 65 years and also I 0 provided for of suchteachersuptothe ageof 70 yews The said age Z was to Centrally funded higherand technical education institutions QO coming underthe purview of this ministry in order to overcome the shortage of m7 z teachers Thereatler vide letter dated 3122008 Annexure P3 scheme for revisionofpayscaleswas bytheMinistry of to theUGC Therein issue of age of also Sgured ln para 8O The said para alongwith subpara p9ofpara8 are below 8 Other terms and conditions2 a9 to ee XXXX xx xx xx o Age of Superannuatione iIin order to meet the situation arisingout of shortage of teachers in universities and other teachinginstitutionsand W Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 72 CWP 565of 2010 Iy the consequentvacant positionstherein the age of superation for teachers in Central Educational instimtion hasalreadybeenenhancedto sixtyfive yearsvide the of highereducation letter NoFNo l 1912006UlI dated 233 2007 for those involved in class room teachingin 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 Central Govemment has alRhorizedthe CentmlUniversitiesvide of highereducation DO letter NoF1w2412006 Desk 0U9 1 Q1 dated 3032007 to enhance the age of of 0 Vice chancellorsof CentralUniversities 8om 65 yearsto 70 0 yearssubject to amendmentsin the respective statutes with I the of the competentahority Visitor in the case t5 of CentralUniversitiesl I ii9 subjectto availabilityof vacant p6sitionsand fitness Z teachersshall also be re employed on contract appointment beyond the age of sixtyfive years uptothe age of seventy I yearSe beyond the age of superation shall howeverbe done for a limitedperiodof Z threeyears in the first instanceand then for another8er periodof two yearspwelyon the basis of merit 00 area of merit experiencearea of specialization and peer 3 Z groupreview and onlyagainstavailable vacant positions r without affectingselection or prospectsof eligible teachers Whereas the enhancementof the age of for teachers engaged111 class room teachingis intended to attxact eligiblepersonsto a career lll teachingand to meet theshortage of teachers by retainingteachers in service for a longerperiod and whereas there lS no shortagein the of librariansand Directors of PhysicalEducation the increase in the age of from the present d pa14ee9 4 Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 1 73 cwF 665of 2010 Ir shallnot be availableto the of sixtytwo years t andDirectorsofPhysicalEducation XX XX XX Xxx XXX plApplicability of the Scheme2 0 This scheme shall be applicableto teachers and other cadres of Library and PhysicalEducation lIl all the CentralUniversities and collegesthereunder and the institutions deemed to be universities whose maintenance expenditureis met by the UGC The 1 of the revisedscalesshallbe subjectto the r of all the conditions motionedin this letter as 0 well as to be framedbythe UGC in this behalf 0 Universities this scheme shall be advisedby 0 theUGC to amendtheir relevant statutesand ordinancesin I line with the UGC to amend their relevant statutes and ordinances lIl line with the UGC within three Z monthsfrom the dateofissue ofthis letter iil to ivl xx XX Xx XX I v1This scheme may be extendedto universities colleges and other highereducationalinstitutionscomingunder the Z purviewof StateLegislature provided State Governments f wish to adopt and implementthe scheme subjectto the 3 following terms andconditions Z a1Finance assistancefrom the CentralGovemmentto Om StateGovernmentsopting to revisepay scalesofteachers and other cadre covered under the Scheme shall be limited to the extent of 80Io ty percentlof the additional involved 111 the ofthe revision b1The state Govemmentoptingfor revision of pay shall meet the remaining200Io twenty percent9of the additional 80m its own sources J 1 44e eVIhle66V1 V Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 74 1 CWFivus665 of2010 r 1 cl to f1xx Xx XXX XXX Xxx t g1Paymentof centr assistancefor this schemeis also subjectto the condition that the entire scheme of revision of pay scales togetherwith all the conditions toe be laid down by the UGC by way of Regulations and other guidelines shall be by State Govemments and Universities and colleges comingunder their as a compositescheme withoutany modificationexceptin regard to the dateof and scales of pay mentioned herein 1 above suppliedl C 2 5 The UGC vide letter dated 2822009 Annexure PA addressed to 0 EducationSecretariesof all the StateGovemments that the State I C5 Governmentsmay initiateimmediateaCtlOIl for of schemeof revlslon ofpayin a tlme bound manner The letteralso referredto the issue of Z enhancementof retirement age The State of Punjabvide notificationdated 92009 revised the pay scalesofteachersand equivalent cadresin the universities I and colleges of the State wef l12006 6exure P5I as per letter dated C0 Z 31 122008 AnnexureP3 and also stated that the scheme will be applicable subject to acceptanceofconditionsmentionedin the said leuer rlO 3 6 CWP No16370 of2009 SinghKahlon and others ve Stateof Z Ll Punjaband anotherwas filedin thisCourt a directionforrevisionof age ofretirementas per notiflcation dated31122008 and this Court vide order dated 6A2010 directed the State Goveent to take a conscious policy decision Therealter vide letter dated 115010 exure P theMinistryofFTRD wrote to the State Goveents about the 1SSue of revision of pay scale Referring to letter dated 31122008 lt was mentioned that the scheme could be extendedto instihRionsunder the StateGovemments provided State Governmentswish to adoptand implementthe Scheme It was 61rthermentionedthat as per the said j A Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 75 cWP 365of 2010 lett the State Govemments are requiredto implementthe schemEs a e one the ageof in para80 of this letter dated311220089 with all the conditionsspecified orto be by Grants Commission UGC9by and other 7 Thereafcer Grants Commission vlinimum for ofteachersandotherAcademicStaffin UniversitiesandColleges and otherMeasures for the Maintenanceof standardsin HigherEducatior i 2010 were notifiedvide notificationdated 3062010 published 111 0 Gazetteof India dated182010 Thesaid have been framedby UGC C0 I underSection26 ofthe UGC Act 1956and are to Cenual aswell as C5 State and affiliated collegesPara 2 that for I maintenanceof standardsin highereducationshall be as provided in the Amexure Z TheAnnexure containsinterealiafollowingprovisionsl r 2ele0 The revisedscalesof pay andotherserviceconditionsincluding age I L0 of superation 111 Centraluniversitiesand other institutions Z andlor lnded by the UniversityGrants Commission UGC shall be strictlyin accordancewith the decision of the Central 00 GovernmentMinistryofHuman ResourceDevelopment J Z ofEducation as containedin Appendix Il 2031Therevisedscalesof pay andage of supeation as provided 111 Clause21O above may also be extendedto Universities colleges and otherhighereducationalinstitutionscomingunder thepurviewof the State Legislanueand maintained by the State Goveents subject to the of the scheme as a composite one ln adherenceof the terms and conditions laid down in the A4EOD notiflcationsprovided as AppendixI and in the MI letterNoFle 712010UII dated 11 May 2010 with all conditions speci6edby the UGC in theseRegulations and otherGuidelines 0 me1441VW6Ce1s0 Il WV Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 1 76 CWF 665 of2010 49 I is letter dated 31 122008 Though the Baba Farid Universityof Faridkot revised the age of to 65 years inspiteof direction of the CentralGovemment that assistanceto the StateGovemment will be only if the pay scales were revised as per scheme which was one includingthe age of superation the StateGovemment and the State Universities failed to revise the age of to 65 years Accordingly case 1S rnadeout for issuance of direction to complywith the mandateofthe UGC byrevising the ageof to 65 years 1 1 In the replyflled by the Stateof Punjabthe stand taken is that the 0 matterof revision of age of superation was refened to a Committee The said 40 I Committeein its meeting held on 2962010 observedthat therewas no shonage of C49 qualifled teachersin the Stateandtherewas no needto enhancethe existingageof retirement the State Govemment appliedfor relaxation of Z instructions of the Central Govemment dated 1153010 vide leuer dated 0 1082010 Letter ofthe GovemmentofIndia onlyrelated to conditions for grant of flnancialassistancewhich is a matter betweenthe StateGovemment and the Z Central Govemment Since the enhancementof age has serious financial Qo the StateGovemmenthas not the revlSlOIl of age The 7z Central Govemment has not givenany assistanceafter l A2010 Letter dated Om 31122008 is based on letter dated2332007 which was applicable to Centrally funded higherand 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 ad6ptand implement the scheme The Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 77 CWPI 65of 2010 t 91 was not ofautomatic revision ofage The Regulationsadoptingleuer dated31122008 were also accordingly limited in their applicability and the e revised age was not applicable unless speciOcally extended to the StateGovernmentsand State universities Thus the petitionwas liable to be dismissed 9 Stand of the Universityis that as per service rules adoptedby the Universityage of retirementwas 60 and the said rules have not been andthusprayer in thepetitioncould not be 1 r 10 Stand of the UGC is that the revision of age was applicable onlyto 0 C0 Centrally 61ndedhigherand technical educationinstitutionsunder the purviewof I0 and not to any employee of a collegewhichis not fundedandmaintainedby I theUGC However theStateGovemmentcouldadopt the decisionfor revising the Z ageof 0 11 We haveheardleamedcounselfor theparties andperused therecord I Lo 12 Learned counsel for the petitioners submittedthatthoughrevision of Z age as per letter dated 233 2007 was initiallyapplicable to Centrally61nded m higherand technical education institutionscomingunder the purviewof this mmo z ministryin order to overcome the shortage of teachers the effect of letter dated Cl 31122008 para was to extendthe same to all State universitiesand collegesalso The State Govemmentshavingtakenfinancial assistanceof the Central Govemmentand havingoptedto the revised pay scales could not reject reviSlOO of age of as the Stategovemmentshad to implement the schemecontained ln lettr dated 31 122008 as a compositeschemewithout any rnodification In supportof the said submission reliance has been placedon judgmentof learned SingleJudgeof Patna High Court dated 2082010 in CWP Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 1 3665of 2010 41 11348of2010 DreSunityPandeyand others ve and of leamedSingleJudgeof JharkhandHighCourt dated 101201 1 in WP C9 N0363 of 2010 DreMaheshwar Tiwaryand others v The State of Jharkhand and others In the context of PanjabUniversityit was submittedthat thoughthe Universitywas establishedunder the StateAct ie PanjabUniversity Act 1947 it became inter state bodycorporateunder thePunjab Act 1966 Maintenance and grantsare to be sharedand paidby concemed States asper directive ofthe Centml Govemment The Vice Chancellor ofthe University j r ln themeeting held on 2962010 informedthatthe hasbeenconsidered to be a Centrally funded instituteunder section26d96ivlofthe CentralEducational C0 Institutions Reservationin Admissionl Act 2006 CEI 2006 Act9Referencehas C5 alsobeenmadeto theopinionofthe AUomeyGeneral dated26102010 as underl I It cannot be thatthePunjab is one of the Z oldest Universities in the cot beingestablishedin 1882 at Lahore as East PunjabUniversityAfter partition the I University was reeestablishedin India on Ist October 1947and after workingat derent placesSnallymoved to Z lIl 1956 The Ministryof is rightlyconcemed in seeing that this institutionis not starvedoffunds ClO A letter 8om Additional Secretary to Chainnan UGC dated l12010 has also Z 2 beenreferredto the following effectl 2 The maUer has since been revisited The Central Government has obtained the opinionof learned Attomey General for India copy enclosed who has held that the earlier Vlew of the Central Govemment based on which the Central Government had indeedfiled certain af8davits before courts of law in matters concemingPunjabUniversitywas erroneous This opinionofthe Attomeygeneralfor India pavesthe wayto not only fund PunjabUniversityfor the purposeof expansion Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 79 CWP 665of 2010 4 N for the CEI Act 2006but also enabling UGCto start meetingthe financial needsofPunjabUniversity it was submittedthat thougJl earlier the PanjabUniversitywas held not to be Central or Centrally fundeduniversityin the judgmentof this Court in DreAeCJulka and others v PunjabUniversity and tohers 00897SLR 198 the situationhas now changed 13 Itwas pointed out thatthe Central govemment in an affldavit Oled beforeMadhya PradeshHighCourtin similar writ petitions has taken a standthat 1c the schemedated31122008 was to the Statesand State 0 Universitiesfor beingeligiblefor Centralassistance AOldavit of the 0 CentralGovemment hasbeen filed as AnnexurePA in CWP No6357 of2010 I 40 140 Learnedcounsel for the State and the Stateuniversities other than I PanjabUniversityopposed thesubmission It was statedthat the decisionof the Z 1 CentralGovernment dated 2332007 to revisethe age of to 65 C years was onlyto CentrallySlnded higherand technical education instiDltionscomingunder the purviewof this ministryin order to overcome the Z shortage of teachers Letter dated31 122008 provided that the schemecould be CO extendedto States provided StateGovemmentswish to adoptand implement the scheme ThuS till the StateslStateuniversitieswished to adoptthe schemeof Z revlSlOn of age of therewas no automaticrevlSlOn of age of superation Letter dad 31122008 was onlyaddressedto UGC letterdated2022009 from theUGC to the StateGovemmentswas on thesubject ofreimbursementoffinances involved Similar is thepositionwith regardto leuer dated 1152010 The 2010 Regulations also did not automatically revise the age of superation exceptin relation to CentrallySlnded higherand technical education institutions comingunder the purviewof this ministryin order to overcome the shortageof teachers In such a situation it was for the State e r1 re 6 I2VAm Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document cwF80 665of 2010 ernmentsand the State Universitiesto take a decision to revlse the e of Il superation in absenceof which theage of superation was as prescribed in the rules View takenin the of JharkhandandPatnaHigh Courts could not be followed in Vlew ofjudgment ofthe Honble SupremeCourt in B Bharat Kumar and otherSve Osmania University and others 11SCC 58 which has been followed byDivision Bench ofthis Cowt in Dre AeCeJulkae This beingthepositionin absenceofconflict in the UGC Regulation and decision of the State COntentlOnof Regulation beingcovered under Entry66 of List I and m 0 thus overriding the Statelegislationdid not anse as held in similar simationby 0 Honble the Supreme Court in Be Bharat Kumar and bythis Court in Dre AeC U Julka Distinction pointed out thatwhen the issuewas consideredin B Bharat I C9 Kumar and Dre AeC Julka the decisionwas onlyexecutivedecisionand now the I same has been formalizedas a statutoryprovisionby way of Regulation under Z section 26 ofhe UGC Act lS not The Regulation itself limits the applicability ofthe revised ageto Centrally61ndedhigherand technicaleducation I institutionscomlIlg under the pwviewof this ministry 111orderto overcome the z shortageof teachers leavingthe 1SSUe of enension to other institutions as per c0 letterdated1132010 2319 A72 15 Learned counsel for the Panjab submittedthat the Panjab c was not a Central as earlier held by this Court in DreAeCJulka and the revised age of was not applicableHowever on account of certain the issue whether it was Centrallyfunded was a debatable1SSue and matter 111this regard was pendingwith the Central Govemmentand the said university will abide by such decisionas may be takenbythe CentralGovemment At this stagethe Panjab Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document f 1 81 CWP vs365 of 2010 did not wish to take any panicularstand whether it was centrally 8lnded or not as the said issue is still to be decidedby the Central Govemment 16 Learnedcounselfor the CentralGovemment statedthat he has no instructionsin the matter 17 In view of rival contentionsnoticed above we proceed to deal with thequestions referredfor our Re Deemed amendment to the statutorv rules bv virtue of schemedated