406 r Iv f4 4 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHa e 4 CWP Noe9665of2010 Date ofdecisionl 4 3011 Prof SSBindra and others a4Oetitioners Vs Thc State ofPunjaband others eRespondents And connected petitionsbeingCWP No1392 of 2009 CWP Nose1268 1297 13241932266138034583t045854607461771767321882394659773 106161107611972 1260312604127361288213117142651427714604 14693150011544715463155081562415880 16185162231635716961 0 17140171551716317400175451883719087191521925619501 18508 1857519596 19693 19699 19749 19841 19908 19935 20036 20225 20226 0 20296t0202982042220613206932072820729207502085421135to 40 2113721159 21240 21241 22449 22673 22736 22818 and 23003 of 2010 AND C5 I CWP Nos184 345 585 838 896 897 1001 1304 1386 1429 1495 1618 17822065 3391 3464 8 3492 of2011 4t Z 5t CORAM2 HONBLE MR JUSTICE ADARSH KUMAR GOEL W Q HONBLE A1D2JUSTICE AJAY KUMAR MITTAL 1 21 Presentla Dr Balram GuptaSr Advocate with Ms Anamika Neg Advocate 6n CWP Nos665 15463 15508 r 15624 17545 19087 19256 21159 22818 of 2010 and 1495 8 Z e 346412011 m Mr Blvl SinghAdvocate and Mr AnshulJoy Advocate6inCWP Nos 7321 12882 14693 15001 4w2 Z 20296to 20298 211368 23003of2010 and 14298 3492of201 19 Llm Mr SatjitSinghSr Advocate with e Vikas SinghAdvocate n CWP Nol4265 and 19841of20101 Mr RlC Malik Sr Advocatewith Ms Komal Shanna Advocate OInCWP Nos3176 8823 12603to 12604 15880 16961 18837 19152of2010 Mr Arun Nehra AdvocateOnCWP Mr RlO Anand Advocate l CWP No12971101 Mr Padam Kant Dwivedi Advocate inCWPNol71401101 Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document CWPt107 65 of2010 0 0 A4oj Chahal Advocate l CWP N0s19501 20226 21135 21240 8 A4reSS Salar Advocate n CWP Nol0616 20613 of 2010 184111 Mr Atul Kaushik 8 ManjitSing Advocates in CWP No226731109 Ivfr AnupamAdvocate oinCWP N017155110 Mr N BhardwajAdvocate OinCWP Mr AlC Bishnoi Advocate in CWP No20422110 Mr Kewal Ku Advocate 1 CWP Nos465110 13041111 1 L 0 Mr SaurabhArora Advocate in CWPNos21241110 8 3391111 0 0 Mr SubhashAhujaAdvocate OinCWP No138611 Ivh Ashok SehgalAdvocate l CWP No8511 C5 I t Mr SudhanshuMakk Advocate Z in CWP No3921091 MrNilesh BhardwajAdvocate On CWP Nos 1932 20728 20729 0 of2010 4t Mr SC Tamak Advocate on CWP Nos1324 11972 21137 and r 22736of2010 Z Mr SeK Arora Advocate cn CinCWPNos19935110 896111 7 Dr SuryaPrakash Advocate CinCWP Nos1268 2661 4583 to 4585 Z 4607 4617 and 19908of20101 for Cle Mr laswinderSinghDAG Punjab lvlr AnupamGuptaAdvocate for PanjabUniversity Mr SC Siba4Sr Advocate with Mr VS Rana Adv for KurukshetraUniversity Mr Ait Pal Advocate for Guru Nanak Dev University Mr lR DahiyaAdvocate and Mrmit Rao Adv for Mr SK Shanna Adv for UCrC Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document j CWPIr08 550f2010 r7 1 Ol 61 Mr Ashwinie Bansal CentralGovt Counsel MrsKamla Malik CentralGovt Counsel t Mr RajdeepS Cheema Advocate 1 forrespondentNos 11 8 12 in CWP No2736110 1 for 8 10 in CWP No131 17110 d forrespondent No in CWP No161 85110 1 forrespondentNos8a 10 in CWP No18575110 f6r respondent No6 in ICWPNo19749110 forrespondent Nos 8 6 in CWP No0036110 I V P Mr Hemender Goswami Advocate for No6 m CWP No896111 Mr SC NagpalAdvocate for 8 6 in CWP No321110 0 for in CWP No12882110 0 C0 Adarsh Kumar GoelJ I C5 l e Thisorder will disposeof a bunch of 100petitions mentionedabove I to leamed counsel for the all the writ petitionsinvolve ef Z common relatingto claim of the writ for reVlSlOn of age of retirementto 65 years The said claim is basedon 1eUerdated31122008 ofthe C Govemmentof India addressed to the UniversityGrants Commission OUGC I followedby letterofthe GovemmentofIndia dated1152010 to the Education Z 4 Secreuuiesof all State Govemments and notiScation of UniversityGrants r Commission Minimum for of teachers and other 2 Z Academic Staff in Universities and Collegesand other Measures for the Maintenanceofstandardsin 2010 2 A bunch ofpetitions came up for hearingbefore leamed SingleJudge who vide order odated4102010 refened the matter to the Division Bench as foIloWSl U Since the finai outcome of these cases likely to have far 1S reachingrepercussions including some impacton other Stateservices V Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document Isw91Ir PYT51 409 CWPI 65 of 2010 a5 ro 0 also it appearsinterllia that the followingimponantquestions of law needto be adjudicated bya largerbencl a0Whether the service conditions includingthe age of retirement prescribed Ul the stMutoryservice rules 8amed under provisoto Article 309 ofthe Constitution or under a stlnRe can be deemed to have been amended by virtue of the CircularlScheme dated 31122008 issuedbythe Govemment ofIndia2 b9Whether the Governt of India is wmpetentto command the StateGovernmentslUniversitiesto increasethe age of retirement of a sectionofthe 1 c1 Whether the States have any law811authority to bargeintothe Oeld 0 of Education when the subjectmatter is directlyreferableto Entry 0 66 ofList I Union List or Entry25 ofthe List III Concurrent List I C5 only2 I d1 What will bethe impactofthe GovemmentofIndia Scheme or the ICt Z UGC Regulations in the case of teachersworkingin the inter state c Universities like PanjabUniversity 1Z e1 What is the scope of Statutory powers of UGC and whether such I powerswould include the authorityto lay the Z conditions ofservice includingthe age ofretirement2 Ol 4 Admitted to DB Let the recordsofthese cases be placedbeforeHonble the Chief Justice for enlistingthem before an Bench on 7 Z 151120107 Xx Xxx XXX Xxm Accordinglythe matters have been placedbefore this Bench Severalother wnt petitionsfiled aiter the order ofreference havealso been listed for hearing 3e CWP N08665 of 2010 has been treated to be the malll petitionOll suggestionof leamed counsel for the partiesand pleadings are beingreferred to from the said loetitionCase of the petitionersis that theyare teachingin different depents of N Dev University Uo Their age 1S Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document CWP410m565of 2010 5 1 1 L3 t 60 years as per applicable rules The Goveent of India appointedSixth Pay on 5102006 to consider the demand of the Central Govemment for increasein salaryand improvement ofother service conditions The said gave its report on 2432008 which was approvedby the Union Cabinet on 140008 TheUGC appointed an expertcommitteeto consider tlle claim of the teachers in Universitiesand collegesfor revision of pay scales and otherallied issues headed by Prot GXChadha The Committee gave its n revision ofpay scalesand enhancementofageo to 1 L meetthe situationatisingout ofshortage ofteachersand to amact eligiblescholars 5o vto theteachingprofession to improve the standardof qualityof highereducation 0 Thesaid Committeealso recommendedrelgagement ofreOred teachersuptothe r C5 ageof 70 yearse I 4 Based on considerationof the said reportthe Govemment of India Z 51 vide lettersdated2332007 conveyedits decisionto revise age r C of all personsholding teachingpositionas on 1532007 to 65 years and also providedfor ofsuch teachers uptothe age of70 years The said age Z WaS Centrallyfunded hher and technical education institutions 00 4r comingunder the purviewof this ministryin order to overcome the shortage of z teachers Thereafler vide letter dal 31 122008 Annexure P3 scheme for CL revisionofpayscaleswas bytheMinistry of to theUGC Therein tssue of age of also Sguredin para 80 The said para alongwith subpara p9ofpara8 are reproduced belowl 80 Other terms and conditionsl a9 to el vxx xx xx Xx 0 AgeofSuperannuatione Oinorder to meet the siolation arisingout of shortageof teachers in universitiesand other teachinginstitutionsand aV Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document CWP411465 of 2010 1 8 0 the consequentvacant positionstherein the age of superation for teachers in Central Educational inston has alreadybeen eced to sixtyflve years vide the depent of highereducation leuer NoFNo 1912006UI dated 2332007 for those involved in class room teachinglll order to attract eligiblepersons to the teaching career and to retain teachers in service for a longer period Consequenton upwardreVlSlOn of the age of of teachers the Central Govemment has alreadyauthorizedthe CentralUniversities vide department of highereducation DO letter NoF12412006 Desk U 1 0 dated3032007 to enhance the age of of 0 Vice chancellorsofCentral Universities 8om 65 years to 70 C years subject to amendmentsin the respective statutes with I the approval of the competentauthoritVisitor in the case 0 ofCentralUniversities9 Z io subjectto availabilityof vacant p6siti0ns and 6tness teachersshall also be re employed on contract appointment r beyondthe age of sixtyfive years uptothe age of seventy 4 I years Reemploymentbeyondthe age of shall however be done selectively for a limited periodof Z threeyears in the first instanceand then for anotherfurther CtO periodof two years purelyon the basis of merit experience area of merit experiencearea of specialization and peer 3 Z groupreview and onlyagainstavailable vacant positions Om without selection or prospectsof eligibleteachers Whereas the enhancementof the age of for teachers engagedin class room teachingis intended to attract eligiblepersons to a career 111teachingand to meet theshortageofteachersbyretainingteachersin servicefor a longerperiod and whereas there lS no shortagein the categories oflibrarians and DirectorsofPhysicaIEducation the increasein the age of from the present Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 9 t3 sixty two years shall not be available to the categories of t Librarians andDirectors ofPhysicalEducation Y XX XXX xxx Xx plApplicabilityof the Scheme2 i9This scheme shall be applicableto teachers and other cadres of Library and PhysicalEducation llll a11the CentralUniversities and collegesthereunder and the institutionsdeemed to be universities whose rnaintenance expenditureis met by the UGC The ofthe revised scales slll be subject to the 1 0 of 611the conditions motioned in this letter as 0 well as to be 8amed bythe UGC in this behalf C Universities this schemeshall be advisedby theUGC to amendtheir relevant stahites and ordinancesin 0 line with the UGC to amend their relevant statutes and X 1 ordinancesin line with the UGC within three Z monthsSom the date ofissue ofthis letter io to ivl xx A5Y Xx XX I v1This scheme be extendedto universities colleges and otherhighereducationalinstitutionscomingunder the Z purview ofState provided State Governments m wish to adopt and implementthe scheme subjectto tlle n followingterms and conditions Z a1Financeassistancefrom the Centl Govemmentto Qm StateGovemmentsoptingto revisepay scalesofteachers and other equivalentcadre covered under the Scheme shall be limited to the extent of 80Io eightypercentlof the additional expenditure involved 111 the ofthe revision bl The state Goveent optingfor revision ofpay shall meet the remaining200Io twenty percent of the additional expenditure from its own sources j Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document P CWP 113265of2010 8 7 0 7 cl to 0 xx Xx XXX Xxx XXX f gl Paymentof cent assistancefor implementing this schemeis also subjectto the condition that the entire scheme of revision of pay scales togetherwith a11the conditionsto be laid down by the UGC by way of and other guidelinesshall be by State Govemments and universities and colleges comingunder their jurisdiction asa compositescheme withoutany modification exceptin regardto the date of and scales of pay mentioned herein w above emphasis suppliedl tr 2 5 The UGC vide letter dated 2822009 Annexure PA addressed to 0 Education Secretariesof all tGovemments that the State I 0 Govemmentsmay initiate immediate action for of scheme of revision ofpay ln a time bound manner The letter also referredto the issue of Z enhancementoof retirement age The State of Punjabvide notiScation dated t 292009 revisedthepay scalesofteachersand cadresin the universities 1 C and colleges iof the State wef l2006 Oexure I as per letter dated 2 31122008 Annexure P3 and also stated that the scheme will be applicable subject to acceptanceof conditionsmentionedin the said leuer OO 3 6 CWP No16370 of2009 JagirSinghKahlon and others v Stateof Z Punjaband anotherwas 61edin thisCourt a directionfor revisionof age ofretirement as per notification dated 31122008 and this Coun vide order dated 6A2010 directed the State Govemment to take a conscious policy decision Thereafter vide l dated 1132010 Annexure PO the Ministryof wrote to Ule State Govemmentsabout the lSSue of revision of pay scale Referring to letter dated 3122008it was mentioned that the scheme could be extendedto institutionsunder the State Govents provided State Governments wish to adoptand implementthe Scheme It was filnher mentioned that as per the said J 4 Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document CWPi65of2010 0 l5 letterthe State Governments are required20 implementthe scheme as a t one includingthe age of superation in para 860of this letter dated31220081together with all the conditionsspecified orto be by UniversityGrants Commission UGCOby and other guidelines 7e ThereallerUniversityGrantsCommission 0MinimumQualifications for ofteachersandother Academic Staffin Universitiesand Colleges and other Measures for the Maintenance of standards 111 HigherEducationl Regulations2010were notified vide nofication dated 3062010 published111 0 Gazetteof India dated 1882010 The said regulations have beenOamedby UGC 0 I under Section26 of the UGC Act 1956and are applicable to Central as well as 0 StateUniversitiesand afSliated collegesPara 2 providesthat for I r maintenance ofstandardsin highereducationshall be as provided in the Annexure Z ct m TheAnnexure containsinterealia followingprovisionsm 0 c 21nO The revisedscalesof pay and other service conditionsincluding age of 111 Central universitiies and other institutions Z maintained andlor ed by the UniversityGrants Commission UGC shall be strictlyin accordancewith the decision ofthe Cenua1 r Government MinistryofHuman Resource Development 7Z ofEducationlas containedin Appendix 203017Therevised scales of pay and age of as providedlll Clause2O above may also be extendedto Universities colleges and other highereducationalinstitutions comingunder the purviewof the State Legislatweand maintained by the State Goveents subjectto the of the scheme as a composlteone ln adherence of the terms and conditions laid down in the MHRD notifications providedas AppendixI and in the MI leuer NoF 1e 712010U II dated 11 May 2010 with all conditions speci8edby the UGC in theseRegulations andotherGuidelines r 4ee9ehwV4 4111e1 Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document CWPII1515of2010 1 0 AppendixI is letter dated31122008 Though the Baba Farid University of Faridkot revised the age of to 65 years inspiteof of the Central Govemment that assistanceto the StateGovemment will be only if the pay scales were revised as per scheme which was one includingthe age of the State Govemment and the StateUniversities failed to revise the age of to 65 years Accordingly case ls madeout for issuance of direction to complywith the ofthe UGC byrevisingthe age to 65 years 8 In the replyfiled by the Stateof Punjabthe stand n is that the 0 matterofrevision of ageof was referredto a Committee The said 0 I Committeein its meetingheld on 2962010 observedthatthere was no shonageof 0 I teachersin the Stateand therewas no needto enhancetheexistingage of e1 retiremente the State Govemment appliedfor relaxation of Z insuuctionsof the Central Govemment dated 1132010 vide leuer dated e 1082Ol O Letter of the Goveent of India onlyrelatedto conditions for grant I of financial assistancewhich is a matter between the StateGovemment and the Z c CentralGovemment Since the enhancement of age has serious 8nancial Q0 the State Govemment has not adoptedthe reVlSlOn of age The 7z Central Govemment has not givenany assistanceaRer 1A2010 Letter dated 2 0m 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 thoughas per letter dated 2822009 followed by letter dated 1132010 the same could be extendedto the Statesand Stateuniversities reimbursementwas to be applic8ble onlyif the StateGovemmentsimplemented the scheme as a composite package providedState Govemments wish to adoptand implementthe scheme The Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document CWPN0416 of2010 l3 0 consequence was not of automaticrevision of age The RegulationsadoptingleUer dated 3 2008 were also accordinglylimited in their applicabilityand the revised age was not applicable unless specificallyextended to the StateGovernments and State universities Thus the petitionWas liable to be dismissed 9e Standof the Universityis that as per service rules adoptedby the Universityage of retirement was 60 and the said rules have not been andthusprayer in thepetitioncould not beaccepted 1 0 10 Stand of the UGC is that the revision of age was applicableonlyto 0 0 Centrallyfunded hil8lerand technical educationinstitutionsunder the purviewof I IUO and not to any employeeofa collegewhich is not 6mded and maintainedby I theUGC However the StateGovemmentcould adoptthe decision for revising the Z age 11 We haveheardleamed counselfor thepartiesandperusedthe record I C1 12 Leamed counsel for the submittedthat thoughrevision of Z age as per letter dated 233 2007 was initiallyapplicableto Cenuallyfunded CO higherand technical education institutionscomingunder the purviewof this 72 ministryin order to overcome the shortageof teachers the effect of leuer dated CL 311 2 2008 para 863164 was to extend the same to all State universitiesand collegesalso The State Govents havingtaken financial assistanceof the Central Govemment and havingoptedto the revised pay scales could not reject revlSion of age of superation as the Stategovemmentshad to the schemecontained in letter dated31 122008 asa compositeschemewithout any modification In supportof the said submission reliance has been placedon judgmentof leamed SingleJudgeof Patna High Court dated 208201 0 in CWP Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document CWP417 365of 2010 2 C3 1 ON0 11348 of2010 Dre SunityPandeyand othersve the State ofBihar and others and ofleamed SingleJudgeofJhand HighCourt dated 102011in WP C1Noe363 of 2010 DreMaheshwar Tiwaryand others v The State of Jhnrkhandand others In the context ofPanjabUniversityit was submiuedthat thoughthe Universitywas establishedunder the StateAct ie PanjabUniversity Act 1947 it became inter state bodycorporateunderthe Punjab Act 1966 Maintenance and grantsare to be sharedand paidbyconcernedStates as per directive ofthe Central Govemment The Vice Chancellor ofthe University t r in themeeting held on 2962010 informedthatthe University has beenconsidered 0 to be a Centrallyfunded instituteunder section2 9 ofthe CentralEducational C0 lnstitutions in AdmissionlAct 2006 EI 2006 Act Referencehas I C5 also beenmadeto the opinionofthe AttomeyGeneraldated2602010 as underl I It cannot be forgotten thatthe RunjabUniversity is one of the Z oldest Universities ln the countrybeingestablishedin 1882at tr Lahore as East Punjab Universlty After partition the Universitywas reeestablishedin India on Ist October 1947 and I aAerworkingatdiHerentplacesOnallymoved to Chandigarh Z in 1956 The Ministryof I is rightlyconcemed in seeing that this institutionis not stwvedof 81nds2 r v A letter om Additional Secretary to Chairman UC dated l 112010 has also Z beenreferredto thefollowingeffectl ll 2 The matter has since been revisited The Central Govemment has obtained the opinionof learned Attomey General for India copy enclosed9 who has held that the earlier Vlew of the Centr Govemment based on which the Central Govenunent had indeedfiled cer afSdavitsbeforecouns of law in rnatters concemingPunjabUniversitywas erroneous This opinionofthe Attomeygeneralfor India paves the way to not onlyfnnd PunjabUniversityfor the purpose of expansion ZZ ZZZ 0 Z Z Z zzr zz z z 8 e Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 13 CWP 11835 of 2010 1Jl t3 l for the CEI Act 2006but also eroling 0 UGCto start meetingthe 8nancial needsofPunjabUniversity it was submittedthat thoughearlier the PanjabUniversitywas held not to be Central or Centrallyfunded universityin thejudgnentof this Court in Dr ACJulka and othersv PunjabUniversityand tohers 200817SLR 198 the situationhas now changed 13 It was pointedout that the Central govemmentln an affidavit Sled beforeMadhya PradeshHigh Courtin similar writ petitions hastaken a standthat 11r the schemedated31122008 was automatically to the Statesand State 0 Universities for beingeligiblefor Central assistance Afdavit of the 0 Central Govemment hasbeen flled as AnnexurePA in CWP No16357 of2010 I C5 14 Learnedcounsel for the State and the State universitiesother than I PanjabUniversity thesubmission It was statedthat the decision of the Z CentralGovemment dated 2332007 to revise the age of to 65 0 only to CeMrallyfunded higherand technical education years was I institutionscomingunder the purviewof this mstry in order to overcome the C3 Z of teachers Letter dated31122008 provided that the schemecould be CO extendedto States providedStateGovemmentswish to adoptand implement the 2 schemel Thus till the StateslStateuniversitieswished to adoptthe schemeof Z Qm revlsion of age of superation there was no automaticrevlSlOIl of age of Letter dated31122008 was onlyaddressedto UGC Subsequent letterdated2022009 from the UGC to the StateGovemmentswas on the subject ofreimbursementofOnances involved Similar is the positionwith regardto letter dated 1152010 2010 Regulations also did not automatically revise the age of exceptin relation to Centrally8lnded higherand technical educationinstitutions comingunder the purviewof this minisuyin order to overcome the shortageof teachers7 In such a situation it was for the State J141448Itl Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 35of 2010 1 Govemmentsand the State Universities to take a decision to revise the age of 11 in absenceof which the ageof superation was as ln the applicable rules View taken in the of JharkhandandPatna High Courts could not be followed in view ofjudgmentof the Honble SupremeCourt in Be Bharat Kumar and others ve Osmania Universityand others 2007911 SCC 58 which has been followed by Division Bench of this Court in Dr AC Julka This beingthepositionin absenceof conOict in the UGC Reguiationanddecision of the State contentionof Regulation beingcoveredunder Entry66 ofList I and 1 r thus overridingthe Statelegislationdid not arise as held in similar situationby 0 0 Honble the Supreme Court in Be Bharat Kumar and by this Coun in Dre AeC 0 Julkae Distinction pointed out that when the issue was considered in B Bharat I C9 Kumar and Dre AeC Julka the decision was onlyexecutivedecision and now the 1 same has been formalized as a stamtoryprovisionby way of Regulationunder Z section 26 ofthe UGC Act 1S not significantThe Regulation itself limits the Q applicabilityofthe revised ageto Centrallyfundedhigherandtechnicaleducation institutionscoming under the purviewof this ministryin order to overcome the z shortageof teachers leavingthe 1SSUe of extension to other institutionsas per 00 letterdatedl 12010 ORegulation 231 er vvP3 2 150 Leamed counsel for thePanjabUniversity submitted that the Panjab O W n a C1 universityas earlier held by thls Court in DreAeCJulka and the revised age of was not automatically applicableHowever on acc ofin theissue whether it was Centrallyfunded was a debatable1SSue and matter in this regard was pendingwith the Central Govemment and the said university will abide by such decision as may be takenbytheCentral Govemment At this stagethe Panjab Rashmi 2014.07.02 15: 26 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document cwpr12065 of 2010 5 G 3 did not wish to take any particularstand whether it wacentrally C3 or not as the said issue is still to be decidedbythe Central Govemment 16 Learnedcoumel for the Central Govemment stated that he has no inshuctionsin the matter 17 In view of rival contentionsnoticed above we proceed to deal with thequestions referredfor our adjudication Re2 al Deemed amendment to the statutorv rules bv virtue ofscheme dated 310122008 m Q 18 The scheme dated 3 1122008 refers to revision of age of 03 vide letter dated 233 2007 which applies to Cenually lnded I higherand techcal education institutionscomingunder the purviewof this C5 I ministry in orderto overcome the shortageof teachers As per sub para Oo9of 4 Z para 8 the scheme may be extendedto other institutionswho wish to adoptthe 2 samee Clause gl ofsub paraCp Ovprovidesthat centralassistancewas subjectto 0 4r theschemebeing as scheme Thus the saidschemedoes I t not envisageautomatic revision of age to all instinitionsunless the State Z Govemmentswish to adoptthe sal Iftheydo not wish to adoptthe same it may 00 have ramiOcation on central assistancebeingprovidedas mentioned therein a7 Z Adoptionof the said scheme in regulation does not changeits character as the ll regulation also providesthat theschemedoesnot extendto all the institutionsunless extended as per para231 The matter was consideredby tbe Honble SupremeCourt with regardto similar scheme dated 27 998 and the scheme was held to be voluntaryThe contention that the scheme must be asa compositeone was rejectedContention with regwd to applicabilityof Enuy 066of List I