58 21 p4 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2 e rnl CWP Noe9665of2010 Date ofdecisionl 4 3201 1 Profe SSBindra and others Petitioners Vs The StateofPunjab and others Respondents And connected petitionsbeingCWP Noe1392of 2009 CWP Nose1268 1297 1324 1932 2661 3803 4583 to 4585 4607 4617 7176 7321 8823 9465 9773 106161107611972 1260312604127361288213117142651427714604 14693150011544715463155081562415880 16185162231635716961 0 17140171551716317400175451883719087191521925619501 18508 1857519596 19693 19699 19749 19841 19908 19935 20036 20225 20226 0 20296t0202982042220613206932072820729207502085421135 to 0 21137 21159 21240 21241 22449 22673 22736 22818 and 23003 of 2010 I AND C5 CWP Nosl84 345 585 838 896 897 1001 1304 1386 1429 1495 1618 1782 2065 3391 3464 823492 of2011 Z 2 CORAM2 HONBLE MR JUSTICE ADARSH KUMAR GOEL r HONBLE MRe JUSTICE AJAY KUMAR MITTAL I Presentl Dr Balram GuptaSr Advocatewith t Ms Anamika Negi Advocate On CWP Nos9665 15463 15508 Z 15624 17545 19087 19256 21159 22818 of 2010 and 1495 8 346412011 CQ Mr BM SinghAdvocate and Mr Anshul Joy Advocate6inCWP Nos 7321 12882 14693 15001 aV7 Z 20296to 20298 21136 e 23003 of2010 and 14298 3492of201 19 Ll Mr SarjitSinghSr Advocatewith Mr Vikas SinghAdvocate6inCWP Nol4265 and 19841of20101 Mr RlC Malik Sr Advocatewith Ms Komal Sharma Advocate In CWP Nos176 8823 12603 to 12604158801696118837191520f2010 Mr Arun Nehra AdvocateGnCWP No63571109 Mr RD Anand Advocate 1 CWP Mr Padam Kant Dwivedi Advocate 0 in CWP No7140110 Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 59 CWP 665of2010 2 vl Nlr ManojChahal Advocate Gn CWP Nos19501 20226 21135 0 IV 212408 Mr SS Salar Advocate in CWP No0616 20613 of 2010 8 184111 Mr Atul Kaushik ceManjitSinghAdvocates in CWP No26731101 Mr AnupamAdvocate in CWP No71551109 Mr NS BhardwajAdvocateOinCWP No06931100 lvh AC Bishnoi Advocate0inCWP N020422110 Mr Kewal Kumari Advocate l CWP Nos465110 8c 13041111 1 Mr SaurabhArora Advocate 1 CWP Nos212411108 3391111 0 0 Mr SubhashAhuja Advocate l CWP No38611 19 I Mr Ashok SehgalAdvocate OnCWP N03851119 C5 Mr SudhanshuMakkar Advocate Z in Mrlliilesh BhardwajAdvocate 6inCWP Nos 1932 2072 20729 r of2010 I Mr SK Tamak Advocate in CWP Nosl324 11972 21137 and t 22736of2010 Z Mr SlC Arora Advocate OO OinCWPNos19935110 896111 e7 Dr SuryaPrakash Advocate 6inCWP Nos1268 2661 4583 to 4585 Z 4607 4617 and 19908of20101 for CL 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 Guru Nanak Dev University Mr NR DahiyaAdvocate and Mr Amit Rao Adv for Mr SlC Sharma Adv for UGC Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 60 l0 3411 CWP 365of 2010 1 1 f1 4 1 1 47 0 VA 41 Mr AshwinieBansal CentralGovt Counsel MrsKamla Malik CentralGovt Counsel b Mr RajdeepS Cheema Advocate I In for 11 L 12in CWP No12736110 r for Nos8 8 10 in CWP No131 17110 for in CWP No16185110 for Nos 10 in CWP No18575110 e 1 for No6 in CWP No9749110 n3 forrespondent Nos 8c6 in CWP No20036110 1 Mr HemenderGoswamiAdvocate r for in CWP No896111 1 Mr SC NagpalAdvocate 1 for 6 in CWP NoO321110 e 0 CWPNo12882110 0 0 Adarsh Kumar GoelJ I C5 1 This orderwill dispose of a bunchof 100petitions mentionedabove I According to leamed counsel for the all the wnt involve Z common relatingto claim of the writ petitioners for revlSlOll of age of retirementto 65 years The said claim is based on letter dated3122008 ofthe 0 Govemmentof India addressed to the UniversityGrants Commission JGC I followed by letterof the Govemment of India dated 1152010 to the Education Z Secretaries of all State Govemments and notiflcation of UniversityGrants 01 Commission6MinimumQualificationsfor of teachersand other n Z Academic Staff in Universities and Collegesand other Measures for the Ll Maintenanceofstandardsin HigherEducation 2010 2 A bunch ofpetitionscame up for hearingbefore leamedSingleJudge who vide order dated 41002010 referred the matter to the Division Bench as followsl 443 Since the final outcome of these cases likely to have far 1S reachingrepercussions including some 1act on other Stateservices LL1 5rnei 011 Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 1 61 CW v9665 of2010 e 4 1 A also it appearsinteralia that the followingimportant questions of law 0 needto be bya largerbenckw a9 Whether the service conditions includingthe age of retirement prescribed111 the statutoryservlce rules 8amed under provisoto Article 309 of the Constitution or under a staRe can be deemedto have been amended by virtue of the CircularlScheme dated 3 1122008 issuedby theGovernmentofIndia2 b9 Whether the Goveent of India is competentto commandthe StateGovemmentsfUniversities to increase the ageof retirementof a section ofthe Stativersity m c9 Whether the States haveany lawful authority to bargeintotheOeld 0 of Education when the subject matter is directlyreferableto Entry 0 66 ofList I Union List or Entry25 ofthe List III ConcurrentList I C5 only2 I d1 What will be the impactofthe GovemmentofIndia Schemeor the Z UGC Regulations in the case of teachersworking 111the interstate Universities like PanjabUniversity e9 What is the scope of Statutory powersof UGC and whether such I powers would include the authority to lay the Z conditions of serviceincluding the ageofretirement7 Oo 4 Admitted to DB Let the recordsofthese cases be pIacedbeforeHonble the Chief Justice for enlistingthem before an appropriateBench on W2 Z 15112010 ll Xx XXX XXX XXXX Accordinglythe matters have been placedbefore this Bench Severalother wnt petitionsfiled afler the order ofreference havealso beenlisted for hearing 3 CWP No665 of 2010 has been treated to be the maln petitionon suggestion of leamed ounsel for the partiesand pleadings are beingreferredto from the said petitionCase of the petitioners is that theyare teachingin different depents of Guru Nanak Dev UniversitU Their superannuation age lS V Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 5 CWP62 365 of2010 0 0 years as per rules The Govent of India appointed Sixth Pay 14 Commission on to consider the demandof the CentralGovemment for increasein salaryand of other service conditionsThe said Commission gave itsreport on 2432008 which was approved by the Union Cabineton 14008 The appointed an expertcommitteeto consider the claim of the in Universitiesand collegesfor revision of pay scales and otherallied issues headedby Prof GlCChadha The Committee gave its report revision of pay scalesand enhancementof age of superation to n rneet the situationarisingout ofshortage ofteachersand to amact eligiblescholars 0 to the teaching to improve the standardof qualityof highereducation 0 The said also recommended ofretiredteachersuptothe 0 ageof70 years I 4 Based on considerationof the saidreportthe Govemment of India Z vide lettersdated233007 conveyedits decision to revise age Ct of all persons hoIding teachingpositionas on 1532007 to 65 years and also I c provided for reemployment of suchteachersuptothe ageof 70 years The said age Z was to CentrallyOlndedhigherand technical education institutions QO underthepurviewofthis ministryin orderto overcome the shonage of coming wa z teachers ThereaRer vide letter dated31121008 Annexure P3 scheme for revisionofpayscaleswas bytheMinistryof to theUGC Therein lSSue of age of also flguredin para 80 The said para alongwith subpara p ofpara8 are belowl Other terms and conditions a9 tO ee XXXX XX XX XX f9Age of Superannuationa oin order to meet the situation arisingout of shortage of teachers in universities and other teachinginstitions and V Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 63 m1 CWF 665 of 2010 6 1 the consequent vacant positionstherein the age of 0 superation for teachers in Central Educational institutionhas alreadybeen enhancedto sixtyfive yearsvide the depent of highereducation letter NoFNo e 191200641II dated 2332007 for those involved in class room teachingin order to attract eligiblepersons toethe teaching career and to retain teachersin service for a longer period ConsequentOll upwardrevlsion of the age of of teachers the Central Govemment has alreadyathorized the Central Universities vide of highereducationDO letterNo1m2412006Desk 6U9 a r dated 3032007 to enhance the age of of 0 Vice chancellorsof Central Universities from 65 yearsto 70 0 yearssubject to amendmentsin the respective statutes with I C5 the approval of the competentauthority Tisitor in the case I of Central ii9 subjectto availabilityof vacant p6sitionsand fitness Z teachersshall also be re employed on contract Q beyondthe age of sixtyflve years uptothe age of seventy I years beyondthe age of C3 shall however be done selectively for a limited periodof Z threeyears in the Srst instanceand then for anotherfurther Qo periodof two yearspurelyon the basisof merit area of merit experiencearea of specialization and peer 7 Z groupreview and onlyagainstavailable vacant positions without affectingselection or promotionprospectsof eligible teachers Whereas the enhancementof the age of for teachers engagedln class room teachingis intended to attract eligiblepersons to a career in teachingand to meet the shortageofteachersbyretainingteachersin service for a longerperiod and whereas there is no shortagein the categories of librariansand Directors of PhysicalEducation the increasein the age of superation from the present Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 64 7 CWP 6650f2010 e2 1 SlXtYtwoyears shall not be available to the categories of ZA S LibrariansandDirectorsofPhysicalEducation XX Xx Xx XXX XXX p1AppIicability of the Scheme2 i1This scheme shall be applicableto teachers and other cadres of Library and PhysicalEducation in a11the Central Universities and collegesthereunder and the institutions deemed to be universities whose maintenance expenditureis met by the UGC The j of the revised scalesshall be subject to the C of all the conditions motioned in this letter as 0 well as Regulations to be framedby the UGC in this behalf C0 Universities this schemeshall be advisedby I theUGC to amendtheir relevant statutesand ordinancesin C5 I line with the UGC to amend their relevant statutes and r ordinancesin line with the UGC within three Z monthsfrom the dateofissue ofthis letter C iil to ivl xx Xx Xx XX I v9This scheme may be extendedto universities colleges C and other highereducational institutionscomingunder the Z purviewof StateLegislature provided State Governments ClO wish to adopt and implementthe scheme subjectto the W0 following terms and conditions Z al Financeassistancefrom the CentralGovemmentto tl StateGovenunentsoptingto revisepay scalesofteachers and other equivalentcadre covered under the Scheme shall be limited to the extent of 80Io 6eightypercentlof the additional expenditure involved 111 the ofthe revision b9The state Govemmentoptingfor revision ofpay shall meet the remaining200Io otwentypercent9of the additionalexpenditure from its own sources j meeemw 1 Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document CWF65 665 of 2010 8 t r cl to fJxx Xx Xxx XXX XXX gl Paymentof central assistancefor this scheme is also subjectto the condition that the entire scheme of revision of pay scales togetherwith all the conditions to be laid down by the UGC by way of Regulations and other guidelinesshall be by State Governments and universities and colleges comingunder their jurisdiction as a compositescheme withoutany modificationexceptin regardto the dateof and scales of pay mentioned herein m above emphasis suppliedl 0 5 The UGC vide letter dated 2822009 Annexure PA addressedto 0 0 EducationSecretaries of all the StateGovemments that the State I Governmentsmay initiate immediateaction for of schemeof I revlSlOll ofpay ma time bound manner The letteralso referredto the issue of Z enhancementof retirement age The State of Punjabvide notification dated 2 c 292009 revisedthe pay scalesofteachersand equivalentcadresin the universities I and collegesof the State wef 112006 Pl as per letter dated L2 Z 3 1122008 Annexure P and also stated that the scheme will be applicable ao subject to acceptanceof conditionsmentionedin the said leuer 3 6 CWP Noe16370of2009 JagirSinghKahlon and others v Stateof Z 10m Punjaband anotherwas filedin thisCourt a directionfor revisionof age ofretirementas per notification dated31122008 and this Court vide order dated 6A2010 directed the State Goveent to take a consciouS policy decision 1132010Amexure P7 the MinistryofFlRD wrote to the State Goveents about the 1Ssue of revision of pay scale Referringto letter dated 3 1122008 it was mentionedthat the scheme could be extendedto institutionsunder the State Goveents providedState Governmentswish to adopt and implementthe Scheme It was er mentionedthat as per the said J A Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 66 9 CwF 665of2010 7iettr the State Govemments are required to implementhe scheme as a eP one the age of supeation in para 81 of this letter dated 311220081together with all the conditions speciOed orto be by UniversityGrants Commission UGC9 by and other guidelines 7 UniversityGrants CommissionoMinimum for ofteachers and otherAcademicStaffin UniversitiesandColleges and otherMeasures for the Maintenance of standardsein HigherEducationl 1C 2010 were noti6ed vide notiflcation dated 306010 published lll 0 Gazetteof India dated 182010 Thesaid have been 8amed by UGC 0 I under Section26 of the UGC Act 1956 and are to Centralas well as C5 I StMe and affiliated collegesPara 2 providesthat for of standardsin highereducationshall be as provided in the Annexure Z V TheAnnexure contains intermaliafollowing r 20leOThe revisedscalesof pay andother serviceconditionsincluding age I of 111 Central universities and other institutions Z maintainedanor funded by the UniversityGrants Commission 6UGC9shall be strictlyin accordancewith the decision ofthe Cenual QO Goveent MinistryofHuman Resource 7 Z ofEducation9 as containedin Appendix4 Ll 23The revised scales of pay and age of superation as provided 111 Clause2O above may also be extendedto Universitiescolleges and other highereducational institutions comingunder the purviewof the State Legislatureand maintained by the State Goveents subjectto the of the scheme as a composite one in adherence of the terms and conditions laid down in the AIODUO notifications providedas AppendixI and in the MISRD lener No l 712010U II dated 11 May 2010 with all conditions speciOed by the UGC in these Regulationsand other Guidelines emm Ipe Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 67 10 CWPvo365 of2010 1 I is letter dated 31 122008 Thoughthe Baba Farid Universityof Cl ndix Faridkot revised the age of superation to 65 years inspiteof of the CentralGovent that assistanceto the StateGovemmeiltwill be only if the pay scales were revised as per scheme which was one includingthe age of the State Govemment and the State failed to revise the age of superation to 65 years Accordingly case lS madeout for issuance of direction to complywith the mandateofthe UGCby revisingthe age to 65 years 8 In the reply 81edby the Stateof Punjabthe stand taken is that the 0 matter of revision of age of superation was referredto a Commiuee The said 0 I in its meetingheld on 292010 observedthat therewas no shonageof 0 teachers in the Stateandtherewas no needto enhancethe existing ageof I the State Govemment appliedfor relaxation of retirement Z of the Central Govemment dated 1152010 vide leuer dated 1082010Letter ofthe Goveent ofIndia onlyrelated to conditionsfor grant I of financialassistancewhich is a matter between the StateGovemment and the Z CentralGovemment Since the enhancement of age has serious financial 010 the State Govent has not the revlsion of age The am7 Central Govemment has not givenany sistance aer l A010 Letter dated CL 3122008 is based on letter dated2332007 which was applicable to Centrally Slndedhigherand technical educationinstitutionscomingunder the purviewof thisministryin order to overcome the shortageof teachers and though as per letter dated 2822009 followed by letter dated 11310 the same could be extendedto the States and State universities reimbursement was to be applicable onlyif the State Goveents hnplemented the scheme as a compositepackage providedState Goveents wish to adoptand implementthe scheme The Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 68 CWP 65 of 2010 11 1 0 cquence was not of automaticrevision of age The Regulations adopting lener dated 31 122008 were also accordinglylimited ln their applicability and the revised age was not applicable unless specificallyextendedto the State Govemments and 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 accepted 10 Stand of the UGC is that the revision of age was applicable onlyto 0 0 CenUally61ndedhigherand technical educationinstitutionsunder thepurviewof I c and not to any employee of a college which is not mded andmaintainedby I theUGC However the StateGovemmentcould adoptthe decision for revisingthe Z ageof superation r 11 We haveheardleamedcounselfor thepartiesandperused the record I 12 Learned courLselfor the submittedthatthoughrevision of Z age as per letter dated 233 2007 was initiallyapplicableto Centrallyfunded OLl higherand technical education insthutions comingunder the purviewof this VA z ministryin order to overcome the shortage of teachers the effect of letter dated CL 3 122008 para 86pv was to extend the same to all State universitiesand collegesalso The State Govemmentshavingtaken financialassistanceof the Central Govemmentand havingoptedto the revised pay scales could not reject revlSlOIl of age of as the Stategovemmentshad to the schemecontained ln letter dated3112008 asa compositeschemewithout any modification In support of the said submission liance has been placedOll judgmentof leamed SingleJudgeof Patna High Court dated2082010 in CWP Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document CwF69 665 of 2010 12 1 3 c3Vo 11348of2010 DreSunityPandeyand others v the StateofBiharand others r and of leamed SingleJudgeof JharkhandHighCourtdated 1012011 in WPC C9No363 of 2010 DreMaheshwar nwary und others ve The State of Jharkhand andothers In the context of PanjabUniversityit was submittedthat though the Universitywas established under the State Act ie PanjabUniversity Act 1947 it became inter state bodycorporateunder thePunjabReorganization Act 1966 Maintenance and grantsare to be sharedand paidby concemed States asper directive of the Central Govemment The Vice Chancellor of theUniversity j in themeeting held on 292010 informedthat theUniversity has been considered l 0 to be a 81ndedinstituteundersection26d96iv ofthe CentralEducatiuilal 0 InstitutionsReservation in Admission Act 2006 CEI 2006 AcO Referencehas I t5 alsobeenmadeto theopinionofthe AttomeyGeneral dated26102010 as underl I It cannot be forgotten that thePunjabUniversityis one ofthe Z oldestUniversities in the countrybeingestablishedin 1882 at Lahore as East PunjabUniversity Aer partitionthe University was reestablished in India on Ist October 1947and r afterworkingat different placesSnaImoved to Z lIl 1956 The Ministryof I is rightlyconcemed ln seeing that this institutionis not starvedof funds tD m A letter from Additional Secr to Chairman UGC dated 12010 has also Z beenreferredto the followingeffect Ll 2 The matter has since been revisited The Central Goveent has obtained the opinion of leamed Attomey General for India copy encloedowho has held that the earlier Vlew of the Central Govemment based on which the Central Govemment had indeed filed certain affidavits before couns of law in matters concerningPunjabUniversitywas erroneous This opinionofthe Attomeygeneralfor India paves the way to not only fund PunjabUniversityfor the purpose of Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 70 13 CWP 665of 2010 11 J 1 requiredfor the CEI Act 2006but also enabling 0 r UGCto start meetingthe fInancialneedsofPunjabUniversity it was subed that thoughearlier the PanjabUniversitywas held not to be Central or Rlnded universityin the judgmentof this Court in DreACJulka and others ve PunjabUniversityand tohers 200897 SLR 198 the situationhasnow changed 13 It was pointed out thatthe Centralgovemment 111an affldavit filed before PradeshHigh Courtin similar writ petitions has taken a standthat L the schemedated 31122008 was to the Statesand State 0 Universitiesfor beingeligiblefor Central assistance Affldavit of the 0 Central Governmenthasbeen filed as Aexure PA in CWP No16357 of2010 I C5 14 Learnedcounsel for the State and the Stateuniversities other than I PanjabUniversityopposed thesubmission It was statedthat the decision of the Z CentralGoveent dated 2332007 to revise the age of to 65 r only to CentrallySlnded hler and technical education years was I institutionscomingunder the purviewof this ministryin order to overcome the 0 Z ofteachers Letter dated31122008 provided that the schemecould be CO extendedto States providedStateGovernmentswish to adoptand the scheme ThuS till the StateslStateuniversitieswished to adoptthe schemeof Z QW revlslon of age of therewas no automatlcrevlSlOIl of age of Letter dated31122008 was onlyaddressedto UGC letter dated2022009 8om the UGC to the StateGovemmentswas on the subject ofreimbursementoffinances involved Similar is the positionwith regudto leuer dated 1152010 The 2010 Regulations also did not automatically revise the age of exceptin relation to Centrally8lnded higherand technical education instinions comingunder the purviewof this ministry in order to overcome the shortageof teachers In such a situation it was for the State 1 L Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document Cwp71665of2010 14 ernments and the State Universities to take a decision to revlse the age of e superation in absenceof which the age of was as lll the rules View takenin the of Jharkhandand PatnaHigh Courtscould not be followed in view ofjudgmentofthe Honble Supreme Coun in B Bharat Kumar and othersv Osmania Universityand others 620079 11 SCC 58 which has been followed by Division Bench ofthis Coun in Dre AeCeJulkae This beingthepositionin absenceof conflictin theUGC Regulation anddecision of the State contentionof RegulationbeingcoveredunderEntry66 ofList I and m 1Z thus overridingthe State legislationdid not arlse as held in similar situationby 0 Honble the SupremeCourt in Be Bharat Kumar and by this Coun in Dre AeCe 0 Julkae Distinction pointedout that when the issue was considered in Be Bharat I C5 Kumar and Dr AeCeJulka the decision was onlyexecutivedecisionand now the I same has been formalizedas a stamtoryprovisionby way of Regulation under Z sectiOrl 26 of the UGC Act 1S not significantThe Regulationitself limits the C applicability ofthe revised ageto Centrally fundedhigherand technicaleducation 2 institutionscoming under the purviewof this ministry ln order to overcome the z shortage of teachers leavingthe issue of extension to other institutionsas per c0 letterdated1132010 231 72 15 Learned counsel for the PanjabUniversity submitted that thePanjab 4l was not a Central as earlier held by this Court in DreAeCJuIka and the revised age of was not automatically applicableHowever on account of certain the issue whether it was Centrallyfunded was a debatableissue and matter in this regard was pendingwith the Central Govemmentand the said university will abide by such decision as may be taken bythe Central Govemment At this stagethe Panjab Rawat Seema 2014.07.02 10: 16 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 72 1 15 CWP 365of 2010 l 0 ersity did not wish to takeany particular stand whether it was centrally or not as the said issue is still to be decidedbythe CentralGovernmen 16 Learned counsel for the Central Govemment stated that he has no instructionsin the matter 17 In view of rival contentionsnoticed above we proceed to deal with thequestions referredfor our Re2 aI Deemedamendment to the stutorv rules bv virtue of schemedated 31122008 1 L 18 The scheme dated 31 122008 refers to revision of age of 0 vide letter dated 233 2007 which appliesto Cenually inded I higJler and technical education institutions comingunder the purviewof this C5 I ministry lll orderto overcome the shortage of teachers As per sub para of Z para 8 the scheme may be extendedto other institutionswho wish to adoptthe same Clause g1ofsub para Cp9019provides that centralassistancewas subjectto theschemebeing as scheme Thus the saidschemedoes C3 not envisage automatlC revlSlOn of age to all institutionsunless the State Z Governmentswish to adoptthe same Iftheydo not wish to adoptthe same it may C have ramification on central assistancebeingprovidedas mentioned therein 7 Z Adoption of the said scheme in regulation does not change its characteras the Om regulation also providesthat the schemedoes not