e 90 1r7 1 5 IN THE HIGH CO OF PAB AND HARY AT CHANDIGARH CWP No9665 of2010 Date ofdecisionl 4 3Ol l Profe SSBindra and others Petitioners Vs The StateofPunjaband others Respondents And connected petitionsbeingCWP N001392of 2009 CWP Nose12681297 5 4 j 101 119 12603 12604 12736 12882 13117 14265 14277 14604 Q 14693 15001 15447 15463 15508 15624 15880 16185 16223 16357 16961 170 171551716317400 17545 18837 19087 19152 1925619501 18508 0 18575 19596 19693 19699 19749 19841 19908 19935 20036 20225 20226 206 t0 2 204 206 20693 20728 20729 20750 20854 21135 to 21137 21159 21240 21241 22449 22673 2273622818 and 23003 of2010 I AND 0 CWP Nose184345 585 838 896 897 1001 1304 1386 1429 1495 1618 1782 2065 3391 3464 SL3492 of2011 Z CORAM2 HONBLE MR JUSTICE ADARSH KR GOEL lr HONBLE MRe JUSTICE AJAY KR MITTAL t Presentle Dr BalramGuptaSr Advocatewith C Ms Anamika Negi Advocate CWP Nos665 15463 15508 Z 15624 17545 19087 19256 21159 22818 of 2010 and 1495 8 346412011 m Mr BM SinghAdvocate and Mr AnshulJoy AdvocateOinCWP 7 Z 20296to 20298 211368 23003of2010and 14298 3492 of20119 tl Mr SatjitSinghSr Advocatewith Mr Vikas SinghAdvocate in CWP No14265 and 19841of20101 Mr RK Malik Sr Advocatewith Ms Komal Sharma Advocate6InCWP Nos176 8823 12603to Mr Arun Nehra Advocate6inCWP Mr RD Anand Advocate CWP Mr Padam Kant Dwivedi Advocate in CWP new Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 77 3 r7 e 0 CWpl 8650f2010 S Mr Man Chahal Advocate CWP Nos19501 20226 21135 21240 8c Mr SS Salar Advocate oinCWP No10616 20613 of 2010 1841110 Mr Atul Kaushik ManjitSin Advocates in CWP No26731109 Mr am Advocate 1 CWP No7155110 Mr NS Advocate6inCWP No0693110 Mr AlC Bishnoi Advocate l CWP m Mr Kewal Kumari Advocate 1 CWP Nos9465110ce 1304111 Mr SaurabhArora Advocate l CWP Nos21241110e 3391111 0 0 Mr SubhashAhujaAdvocate l CWP No38611 19 I 0 Mr Ashok SehgalAdvocate in I Mr Sushu Aar Advocate Z in CWP 2 MrllTilesh Advocate n CWP Nos 1932 20728 8 20729 tr of2010 Mr S1C Tamak Advocate CWP Nos1324 11972 21137 and t 227360f2010 Z Mr SlC Arora Advocate a0 0n CWPNos19935110 896111 7 Dr SulyaPrakash Advocate 1 CWP Nos1268 2661 Z 4583 to 4585 4607 4617 and 19908of2010 for Mr JaswinderSinghDAG Punjab Mr SCSibal Sr Advocatewith Mr VS Rana Adv for KurukshetraUniversity Mr Amrit Pal Advocatefor Gwu NanakDev Mr lIR DahiyaAdvocate and Mr Amit Rao Adv for Mir SK Sharma Adv for UGC Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 92 CWP 665of 2010 Il 41 b7 Mr AshwinieBansal CentralGovt Counsel Mrs Kamla Malik CentralGovt Counsel Mr RajdeepS Cheema Advocate for Nos 11 12inCWPN02736110 CWPNo13117110 for respondentNo3in CWP No16185110 for respondent Nos 8e10 in CWP Nol8575110 for respondent No6 in CWP No19749110 for Nos ce6 in CWP No20036110 Mr Hemender Goswami Advocate for in CWP No896111 11 Mr SC NagpalAdvocate 1 8i 6 in CWPNo321110 85 for No6 in CWP No12882110 0 0 Adarsh Kumar GoelJ 1 C5 1 This order will dispose of a bunchof 100petitions mentionedabove I According to leamed counsel for the petitioners all the writ petitionsinvolve Z common questionrelating to claim of the writ for revision of age of retirement r to 65 years The said claim is based on letter dated 3112008 ofthe Govemmentof India addressedto the GrantsCommission6UGC followedby letterof the Govemmentof India dated1152010 to the Education Z Secretariesof all State Govemmentsand noti6cation of Grants m Commission vlinimum for of teachersand other n Z Academic Staff ln Universities and Collegesand other Measures for the ll Maintenance ofstandardsinHigher 2010 2 A bunch ofpetitions came up for hearing beforeleamed SingleJudge who vide order dated4102010 referred the matter to the Division Bench as followsle 443 Since the final outcome of these cases 1S likely to have far reachingrepercussions including some unpacton other Stateservices 1 p Y Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 93 e 1 CWP No65 of2010 4 also it appearsinterealiathat the followingimportant questions of law needto be bya largerbencl a9 Whether the service conditions includingthe age of retirement prescribedin the statory service rules framed under provisoto Article 309 ofthe Constitutionor under a statute C2Ul be deemedto have been amended by virtue of the CircularlSchemedated 31122008 issuedbythe GovemmentofIndia7 b Whetr the Govemmentof India is competento command the State to increase the age of retirementof 1 a sectionofthe r c Whether the States haveany lawful to bargeintothe Seld 0 of Education when the subjectmatter is directly referable to Entry 0 I 66 ofList I Union List or Entry25 ofthe List III ConcurrentList C5 only2 I d1 What will be theimpactofthe GovemmentofIndia Schemeor the Z UGC in the case of teachersworking 111the interstate Universitieslike Panjab r e1What is the scope of Statutory powersof UGC and whether such I Co powers would include the to lay the Z conditionsofserviceincluding theageofretirement2 m 4 Admittedto DB Let therecordsofthesecases be placedbeforeHonble the Chief Justice for enlisting them before an 7 Bench Oll Z 15112010 Xx XXX xxx XXXX Accordinglythe matters have been placedbefore thisBench Severalother wnt 3 CWP No9665 of 2010 has been treated to be the main petitionon suggestion of learned counsel for the partiesand pleadings are beingreferredto from the said petitionCase of thepetitioners is that theyare teaching in different deptmentsof Nanak Dev University6U9 Their superamuationage 1S Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 94 CWPI 85of 2010 5 1 60 years as per applicable rules The Govemment of India appointedSixth Pay Commissionon 5102006 to consider the demand of the Central Govemment for increasein salaryand ofother service conditions The saidCommission gave its report on 243008 which was approvedby the Union Cabineton 1482008 The UGC appointed an expertcommitteeto consider the claim of the teachersin Universities and collegesfor revlSlOIl of pay scales and otherallied issues headedby Prof GlCChadha The Committee gave its repon revision ofpayscalesand enhancementof ageof superation to m meet the situationarisingout of shortage of teachersand to auract eligiblescholars 0 to theteachingprofession to improve the standardof qualityof highereducation C The said Committeealso recommendedrelgagementof retiredteachersuptothe C5 ageof 70 yearS I Z 4 Based on considerationof the said reportthe Govemment of India vide lettersdated233 2007 conveyed its decision to reviseageof of all personsholdingteachingpositionas on 1532007 to 65 years and also I c provided for renploymentofsuchteachers uptothe ageof70 years The said age Z was to Centrally 61ndedhigherand technical educationinstitutlons m comingunder the purviewof this ministryin order to overcome the shortage of Vn z teachers Thereafter vide letter dated 31 22008 Annexure P3 scheme for revisionofpayscaleswas bytheMinistry ofHRD to theUGC Therein issue of age of superation also flguredin para 80 The said para alongwith sub para o09ofpara8 are reproduced below 8 Other terms and conditions a9 to el XXXX Xx XX XX f1Ageof Superannuatione e Oin order to meet the siblation arising of shortageof out teachers in universitiesand other teachinginstitutions and 1 Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 95 CWP 65 of 2010 6 e the consequentvacant positionstherein the age of superation for teachers in Central Educational instimtionhasalready been enhancedto sixtyfive yearsvide the of highereducation letter NoNo le 1912006U1I dated 2332007 for those involved in class room teaching 111 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 alreadyatnhorizedthe Central Universitiesvide of highereducation DO letter NoF2412006 Desk 6U 1 dated 30322007 to enhancethe age of superation of S 0 Vice chancellorsof Central Universities om 65 yearsto 70 0 yearssubjectto amendmentsin therespective statutes with I C5 the of the competentalnhorityVisitor in the case I of Central Z iil subjectto availabilityof vacant positionsand fitness A teachersshall also be re employed on contract 2 r beyondthe age of sixtyfive yearsuptothe age of seventy I years beyondthe age of shall however be done for a limited periodof Z threeyears in thefirst instanceandthenfor another81rther CO periodof two yearspurelyon the basisof merit area of merit experiencearea of and peer a7 Z group review and onlyagainstavailable vacant posltions 0 without affectingselection or prospectsof eligibleteachers Whereas the enhancementof the age of for teachers engaged in class room teachingis intended to attract eligiblepersons to a career in teachingand to meet theshortage ofteachersby retainingteachersin service for a longerperiod and whereas there is no shonagein the of librariansand Directors of PhysicalEducation the increase in the age of from the present 14014 Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 96 35of 2010 7 e sixty two years shall not be available to the of Librarians andDirectorsofPhysicalEducation Xx Xx XX Xxx XXX plApplicability of the Scheme2 0 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 expenditureis met by the UGC The W of therevisedscalesshallbe subject to the r of all the conditions motioned in this letter as 0 well as to be framedbytheUGC in this behalf C0 Universities this scheme shall be advised by I the UGC to amendtheir relevant statutesand ordinancesin C9 I line with the UGC to amend their relevant statutes and ordinancesin line with the UGC within three Z monthsfromthe dateofissue ofthis letter 0 iil to ivl xx XY XY XX I vl This scheme may be extended to universities colleges and other highereducational institutionscomingunder the Z purview of State provided StateGovernments OO wish to adopt and implementthe scheme subjectto the mW3 following terms and conditions Z aJFinance assistancefrom the CentralGovemmento tl StateGovemmentsoptingto revisepay scalesofteachers and other cadre covered under the Scheme shall be lhnitedto the extent of 80Io 6eightypercentlof the additional expenditure involved in the ofthe revision b9The state Governmentoptingfor revision of pay shall meet the remaining200Io 6twentypercent9of the additionalexpenditure from its own sources j Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 97 CWP 165of 2010 1 8 1r t c1to 0 xx 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 Regulationsand other guidelinesshall be by State Govemmentsand unlversities and colleges coming under theirjurisdiction asa compositescheme withoutany modificationexceptin regardto the date of and scales of pay mentioned herein 1 above supplied9 r 5 The UGC vide letter dated2822009 Annexure PA addressedto 0 Ca3 EducationSecretariesof all the StateGovemments that the State I C5 Govemmentsmay initiateimmediateaction for of schemeof I reVlSlOn ofpayin a tune bound manner The letteralso referredto the issue of Z enhancementof retirement age The State of Punjabvide notificationdated l 292009 revisedthepay scalesofteachersand cadresl theuniversities I and collegesof the Statewf l12006 exure P9 as per letter dated z 31 22008 AnnexureP and also stated that the scheme will be applicable subject to acceptanceofconditionsmentionedin the said leuer 3 6 Z CWP No16370 of2009 SinghKahlon and others ve Stateof Om Punjab and anotherwas 81edin thisCourt a directionforrevisionof age ofretirementas per notificationdated31122008 and this Courtvide order dated 6A2010 directed the State Govemmentto take a conscious policydecision Thereaflervide letter dated1152010 AnnexureP7 theMinistryof EO7D wrote to the State Goveents about the lSSue of revision of pay scale Referring to letter dated 31122008 it was mentioned that the schemecould be extended to institutionsunder the StateGovemmentsprovidedState Governmentswish to adoptand implementhe Scheme It was lrthermentionedthat as per the said J P4 Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 98 CWPI 650f2010 0 9 1 letterthe State Govemments are requiredto implementthe scheme as a t composite one the age of superation nentionedin para80 of this letter dated with all theconditionsspecified orto be by UniversityGrants Commission GCI by and other 7 University Grants Commission Minimum for ofteachersandotherAcademicStaffin UniversitiesandColleges andother Measures for the Maintenance of standards in Higher m r 2010 were notifiedvide notification dated 302010 published in 0 Gazetteof India dated 188010 Thesaid havebeen framedbyUGC C0 r underSection26 ofthe UGC Act 1956and are to Cenual as well as C5 I StateUniversities and affiliated collegesPara 2 that for maintenance of standardsin highereducationshall be as provided in the Annexure Z TheAnnexurecontains intermaliafollowing r 442leOThe revisedscalesof pay andother serviceconditionsincluding age C1 of superation ln Central universities and other institutions Z maintainedandlor Alnded by the UniversityGrants Commission UGCOshall be strictlyin accordancewith the decision of the Central 10 GovemmentMinistryofHuman Resource v7 Z ofEducation as containedin AppldixeI 20301Therevisedscalesof pay andage of superation as provided ln Clause 2O above may also be extendedto Universities colleges and otherhighereducationalinstitutionscomingunder the purviewof the State Legislatureand maintained by the State Govemments subjectto the of the scheme asa composite one in adherence of the terms and conditions laid down in the MHRD notifications providedas AppendixI and in the MF letterNoF 712010mUII dated 11 May 2010 with all conditions speci6edby the UGC in theseRegulations and otherGuidelines a 0Mc9rv4mn4Piee94444k9r Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 99 CWP 3650f2010 r 10 tl AppendixI is letter dated 3112 2 008 Though the Baba Farid Universityof Sciences Faridkot revisedthe age of to 65 years inspiteof directionof the CentralGovemment that assistanceto the StateGovemment will be applicableonly if the pay scales were revised as per scheme which was compositeone includingthe age of superation the StateGovemment and the State Universities failed to revise the age of to 65 yea Accordingly CaSe 1S rnade out for issuance of direction to complywith the mandateofthe UGC byrevising the age to 65 years Im 0 8e In the replyflled by the Stateof Punjabthe stand taken is that the 0 matterofrevision ofageofsuperation was refenedto a Committee The said Ca3 I Committeein itsmeeting held on 2962010 observedthat therewas no shonage of C5 qualified teachersin the Stateandtherewas no needto enhancetheexisting ageof Z retuemen the State Govemment appliedfor relaxation of instructions of the Central Govemmentdated 1152010 vide leuer dated tr 1082010 Letter ofthe Govemment ofIndia onlyrelatedto conditions for grant I c of financialassistancewhich is a matterbetweenthe StateGovemment and the Z 3 Central Govemment Since the enhancement of age has serious flnancial fll the State Govemmenthas not the reVlSlOO of age The 7z Central Govemment has not givenanyassistanceaRer l A010 Letter dated Q 31122008 is based on Ietterdated2332007 which WllS to Centrally Slnded higherand technical educationinstitutionscomingunder the purviewof this ministryin order to overcome the shortage of teachers and thoughas per letter dated 282009 followed by letter dated 113010 the same could be extendedto the Statesand Stateuniversities reimbursement was to be applicable onlyif the StateGovernments the scheme as a compositepackage providedState Govemments wish to adoptand implementthe scheme The Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 400 CWP I 35of2010 11 consequence was not ofautomatic revision ofage The Regulationsadopting leuer dated 311 2008 were also accordingly limited in their and the revised age was not applicable unless extendedto the State Govemmentsand State universities Thus the petitionWaS liable to be dismissed 9 Stand of the University 1S that as per rules adoptedby service the age of retirementwas 60 and the said rules havenot been 1 0 10 Standof the UGC is that the 0 revlslon of8gewas applicable onlyto 0 Centrally 61ndedhigherand technicaleducationinstitutionsunder the purviewof I c and not to any of I the UGC However Z ageofsupeuation 2 C ll I CJ 12 Learnedcounsel for the submittedthat though revisionof Z age as per letterdated 2332007 was initiallyapplicable to Centrally funded m higherand technical educationinstihltionscoming under the purviewof this vn z minlstryin order to overcome the of teachers the effect of letterdated 1 3122008 para 8p was to extendthe same to all StateUlllversities and also The StateGovemmentshavingtakenflnancialassistance of the Central Governmentand havingoptedto the revised pay scales could not reject revlSlOIl of age of superannuation as the Stategoveents had to implementthe schemecontained in letter dated31 2008 as a compositeschemewithout any moditlcation In support of the said submission reliance has been placedon judgmentof learned SingleJudgeof Patna Hig11Court dated 2082010 in CWP Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWPOl 65 of2010 12 1 No 11348 of2010 DreSunityPandeyand othersve the StateofBihar and others andjudgJnent ofleamed SingleJudgeofJharkhandHighCourt dated1012011 in WP C9N0363 of 2010 DreMaheshwar Tiwaryand others v The State of Jharkhand and others In the conte of PanjabUniversityit was submittedthat thoughthe University was establishedunder the StateAct 1ee PanjabUniversity Act 1947 it became inter state bodycorporateunder the Punjab Act 1966 Maintenance and grantsare to be sharedand paidbyconcemed States as per directiveofthe Central GovernmentThe Vice Chancellorofthe m r ln themeeting held on 2962010 informedthatthe hasbeenconsidered 0 to be a Centrally81ndedinstituteunder section26d6ivlofthe Central Educational C0 Institutions Reservationin Admission Act 2006 CEI 2006 Act9 Referencehas C5 alsobeenmadeto theopinionofthe Aomey General dated26102010 as underl I Z It cannot be thatthePunjab is one of the oldest Universitiesin the countrybeingestablishedin 1882 at Lahore as East PunjabUniversityAfter partition the I University was reeestablishedin India on Ist October 1947and Cl after workingat differentplaces8na1ly rnoved to Z lll 1956 The Minishyof is rightlyconcernedin seeing that thisinstitutionis not starvedof funds 91 Qo mm A letter from Additional Secretary to Chairman UGC dated 1112010 has also Z 2 beenreferredto thefollowing effectl t 2 The matter has since been revisited The Central Goveent has obtained the opinion of learned AUomey General for India 6copyenclosed9 who has held that the earlier Vlew of the Central Government based on which the Central Goveent had indeedfiled certain affidavits before courts of law in matters concerningPunjabUniversitywas erroneous This opinionofthe Auorneygeneralfor India pavesthe way to not only Slnd PunjabUniversity for the purposeof expansion Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document cwp40265of2010 13 J 1 1 requiredfor the CEI Act 2006but also enabling UGC to start meeting the 8nancial needsofPunjabUniversity Accordinglyit was submittedthat thoughearlier the PanjabUniversity was held not to be Central or Centrallyfunded university in the judgment of this Court ln DreAeCeJulkaand others v Punjab and tohers2008 7SLR 198 the situationhasnow changed 13 It was pointedout that the Central govemment affidavitfiled in an beforeMadhyaPradeshHighCourtin similarwrit petitions hastaken a standthat m the schemedated3112008 was to the Statesand State 0 Universitiesfor beingeligiblefor CentralassistanceAffidavit of the 0 Central Govemmenthasbeen flled as exure PA in CWP N16357 of2010 t5 14 Learned counsel for the State and the State universities other than I Panjab opposed the submission It was statedthatthe decisionof the Z CentralGovemmentdated 2332007 to revise the age of to 65 r years was applicableonlyto Centrally 8lndedhigherand technical education I 0 institutionscomingunder the purviewof this ministry 111order to overcome the Z shortage ofteachers Letter dated31122008providedthat the schemecould be Cl extendedto States providedStateGovernmentswish to adoptand implement the scheme Thus Z till the StateslStateuniversitieswishedto adoptthe schemeof Qm reVlSlOn of age of therewas no automaticrevision of age of Letterdated31122008was onlyaddressedto UGC letterdated2022009 from the UGC to the StateGovemmentswas on the subject ofreimbursementoffinances involved Similar is thepositionwith regardto letter dated 1132010 The 2010 Regulationsalso did not automatically revise the age of superannuationexcept in relation to Centrallyfunded higherand technical educationinstitutionscomingunder the purview of this ministryin order to overcome the shortage of teacher In such a situation it was for the State e 55eWP I Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 403 CWPNt 50f2010 14 1 Governmentsand the State Universities to take a decision to revise the age of ll superation in absenceof which the age of was as in the rules View taken in the of Jharkhandand PatnaHigh Co could not be followed in view ofjudgmentof the Honble SupremeCoun in B Bharat Kumar and others v Osmania Universityand others 007911 SCC 58 which has been followed by Division Bench of this Court in Dr AeCeJulkae This beingthepositionin absenceofcontlict in the UGC Regulation and decision of the State contentionof RegulationbeingcoveredunderEntry66 of List I and 1 Q thus overriding the Statelegislationdid notanse as held in similar situationby 0 Honble theSupreme Court in Be Bharat Kumar and by this Court in Dre AeC 0 Julkae Distinctionpointedout that when the issue was considered in B Bharat I 0 Kumar andDre AeCeJulka the decision was onlyexecutivedecisionand now the I same has been formalizedas a provisionby way of Regulation under Z section 26 ofthe UGC Act 1S not significantThe Regulation itself limits the 2 applicability ofthe revised age to CentrallySlndedhigherand technicaleducation institutionsCOmlng underthe purviewof this ministry ln order to overcome the z shortage of teachers leavingthe issue of extensionto other institutionsas per c letterdated113010 2319 m7 2 15 Leamed counsel for the PanjabUniversitysubmitted that the Panjab was not a Central as e8rlier held by this Court ln DreAeCeJulka and the revised age of superation was not applicableHowever on account of certain the issue whether it was Centrallyfunded was a debatableissue and matter in this regard was pendingwith the Central Goveent and the said university will abide by such decision as may be takenby theCentralGovemment At this stagethe Panjab Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 404 CWP 1 65 of 2010 15 1 did not wish to any particularstand whether it was centrally Slndedor not as the said issue is still to be decidedbythe Central Govemment 16 Learnedcounsel for the Central Govemment stated that he has no instructionsin the maner 17 In view of rival contentionsnoticed above we proceed to deal with thequestions referredfor our Re al Deemed amendment to the statutorv rules bv virtue of schemedated 31121008 r 18 The scheme dated 3 112008 refers to revision of age of 0 0 superation vide letter dated 233 2007 which applies to Centrally funded I C9 higherand technical education institutionscomingunder the purviewof this ministry in orderto overcome the of teachers As per sub para 0pIof Z para 8 thescheme may be extendedto other institutionswho wish to adoptthe same Clause g9ofsub para0090v9provides that centralassistance was subject to the schemebeing as composite schemeThus thesaidschemedoes not envlsage automatlC revlSlOn of age to all institutions unless the State Z Governmentswish to adoptthe same Iftheydo not wish to adoptthe same it may m have ramification on central assistancebeingprovidedas mentioned therein 7 Z Adoption of the said scheme in regulation does not change its character as the Clu regulation also providesthat theschemedoes not extendto all the instibltions unless extendedas per para 23 The matter was consideredby the Honble SupremeCourt with regardto similar schemedated 2701998 and the scheme was held to be vohmtaryThe contention that the scheme must be asa composite one was rejectedContention with regardto applicability of Ent 66 of List I WaS also rejectedWe may quotebelow the relevant part of letter dated 273998 interpreted by the Honble SupremeCourt lli Rawat Seema 2014.07.01 10: 11 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 405 Il CWP 665of 2010 16 t and relevant part of letter dated 3 1121998 which we have to interpretfor companson Letter dated 270701998 Letter dated 3101201998 4 The paymentof Centnl assistance 8Ool09gle Payment of central for ofthe schemeis also asslstance for this scheme subjectto the condition that the entire 1S also subjectto the condition that the scheme of revision of pay scales entire schemeof revision of pay scales togetherwith