302 p4 1 IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIG 1 CWP NoS665 of2010 Date ofdecisionl 43201 1 Prof SeSeBindraand others ePetitioners Vs The StateofPunjaband others Respondents And connected petitionsbeingCWP N001392of 2009 CWP Nose1268 1297 1324 1932 2661 3803 4583 to 4585 4607 4617 7176 7321 8823 9465 9773 1061611076 11972 12603 12604 12736 1288213117 142651427714604 1 9 09891 161851622316357 16961 17140 1715517163 17400 17545 18837 19087 19152 19256 19501 18508 C3 20854 21135 to 21137 21159 21240 21241 22449 22673 22736 22818 and 23003of2010 AND C5 I CWP Nos184 345 585 838 896 897 1001 1304 1386 1429 1495 1618 1782 2065 3391 3464 8i 3492 of2011 Z CORAM HLE MR JUSTICE ADARSH KUMAR GOEL 1 C HONBLE MR JUSTICE AJAY KUMAR MITTAL t I Presentlw Dr Balram GuptaSr Advocatewith Ms Anamika Negi Advocate in CWP Nos9665 15463 15508 Z 15624 17545 19087 19256 21159 22818 of 2010 and 1495 8 346412011 oo Mr BM SinghAdvocateand ne Mr Anshul Joy Advocate OinCWP Nos7321128821469315001 Z 20296 to 2029821136c 23003of2010 and1429 3492of20119 Qe NllrSarjitSinghSr Advocatewith Mr Vikas SinghAdvocate in CWP No14265 and 19841of20109 Mr RK Malik Sr Advocatewith Ms Komal Sharma Advocate In CWP Nos176 8823 12603 to Mr Arun Nehra Advocate6inCWP Mr RD Anand Advocate in CWP Mr Padam Kant Dwivedi Advocate 6in nseee Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document r1 rV 303 CWPr 35of 2010 2 t A4 ManojChahal Advocate Gn CWP Nos9501 20226 21135 212408 Mre SSe SalarAdvocate 6inCWP Nol0616 20613 of 2010 c0 184111 Mr Aml Kaushik 8LManjitSinghAdvocates in CWP No226731109 Mr AnupamAdvocate in CWP No71551109 Mr N BhardwajAdvocate6inCWP No20693110 Mr AlC Bishnoi Advocate l CWP No0422110 Mr KewalKumari Advocate l CWPNos465110 13041111 1 r Mr SaurabhArora Advocate in CWP Nos21241110853391111 0 0 lVlreSubhashAha Advocate 1 CWP No38611 1 I Mr Ashok SehgalAdvocate l CWP N05851119 0 I Ivh SudhanshuMaar Advocate Z in CWP 2 MrNilesh Bhardwj Advocate n CWP Nos 1932 20728 20729 0 of2010 Mr SlC Tamak Advocate n CWP Nos1324 11972 21137 and t3 22736of2010 Z Mr S1C Arora Advocate OQ in CWPNos19935110896111 Vmo Dr Surya Prakash Advocate CinCWP Nos1268 2661 4583to 4585 Z 4607 4617 and 19908of20109 for tl Mr JaswinderSinghDAG Punbe Mr AnupamGuptaAdvocate fot PanjabUniversity Mr SC Sibal Sr Advocate with Mr VS Rana Adv for Ktshetra University Mr it Pal Advocate for Guru Nanak Dev University Mr Nl DahiyaAdvocateand Mr Amit Rao Adv for Mr SK Sharma Adv for UGC Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 304 CWP Il i5of 2010 4 7 Mr AshwinieBansal CentralGovt Counsel MrsKamla Malik CentralGovt Counsel Mr RajdeepS CheemaAdvocate for 118 12 in CWP No2736110 for Nos8 10in CWP No3117110 for No3 in CWP No16185110 for 8 10in CWP No18575110 for No6 in CWP No9749110 for Nos ce 6 in CWP No20036110 Mr HemenderGoswami Advocate for No6 in CWP No896111 74 i Mr SC NagpalAdvocate 1 86inCWPNo321110 C for in CWP No2882110 0 0 Adarsh Kumar GoelJ I C5 1 Thisorder will disposeof a bunch of 100petitions mentionedabove I to leamed counsel for the all the writ petitionsinvolve Z common relatingto cIaim of the writ for revision of age of retirementto 65 years The said claim is based on letter dated31122008 ofthe r Govemmentof India addressedto the UniversityGrants Commission6UGC9 followedby letterof the Govemment of Indiadated 1152010 to the Education Z Secretariesof all State Govemmentsand notification of UniversityGrants m Commission6Minimum for of teachersand other Vaao Z Academic Staff in Universities and Collegesand other Measures for the CL Maintenanceofstandardsin Higher 2010 2 A bunch ofpetitions came up for hearing before leamedSingleJudge who vide order dated 4102010 referred the matter to the Division Bench as followse 443 Since the tlnal outcome of these likely to have far cases 1S reaching including some lmpacton otherStateservices e1 Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 511 1411 305 CWP 165of2010 4 6 also it appearsinteralia that the followingimportant questions of law needto be bya largerbencl a9 Whether the service conditions includingthe age of retirement prescribed in the statutoryservice rules framed under provisoto Article 309 ofthe Constimtion or under a statute can be deemedto have been amended by virtue of the CircularlSchemedated 31122008 issuedbythe GovemmentofIndia7 b9Whether the Govemmentof India is competentto command the StateGovernmentslUniversitiesto increasethe age of retirementof a sectionofthe 1 0 c9 Whether the States haveany law8ll authority to barge into the Seld 0 of Education when the subjectmatter is directlyreferableto Entry 0 66 ofList I Union List or Entry25 ofthe List III ConcurrentList I C0 only7 I d1 What will be the impact ofthe Govent ofIndia Schemeor the Z UGC in the case of teachersworking in the lnter state 2 Universitieslike Panjab 0 e9What is the scope of Statutory powersof UGC and whether such powers would include the authorityto lay the Z conditionsofservice including the ageofretirement2 flO 4 Admittedto DB Let the recordsofthese cases be placedbeforeHonble the Chief Justice for enlistingthem before an Bench on vm Z 15112010 Xx Xxx XXX XXXXX Accordinglythe matters have been placedbefore this Bench Severalother wnt petitions filed afterthe order ofreference havealso beenlisted for hearing 3 CWP No9665 of 2010 has been treated to be the main petitionon suggestion of learned counsel for the partiesand pleadings are beingreferred to from the said petitionCase of thepetitioners is that theyare teaching in different of Nanak Dev University UO Their age 1S Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document CWP306 5 of2010 5 t 60 years as per rules The Govemment of India appointed Sixth Pay on 502006 to consider the demand of the Central Govemment for increasein salaryand of other serviceconditions The saidCommission gave its report on 2432008 which was approved by the Union Cabinet on 1482008 The UGC appointed an expertcommitteeto consider the claimof the teachersin Universities and collegesfor revision of pay scales and otherallied issuesheadedby Prof GKChadha The Commiuee gave its repon revision ofpayscalesand enhancementof ageof to e C meetthe situationarisingout ofteachersandto attract eligiblescholars 0 to theteaching to improve the standardof qualityof highereducation 0 Thesaid Committeealso recommended of retiredteachersuptothe I 0 ageof70 years I 4 Basedon considerationof the saidreportthe Govemment of India Z vide lettersdated232007 conveyed its decisionto revise age of of all personsholdingteachingpositionas on 1532007 to 65 years and also I 0 provided for ofsuch teachersuptothe ageof70 years The saidage Z was to Centrallyfunded higherand technical education instltutions m commg underthe purview of this ministryin order to overcome the shortage of 3z teachers Thereafter vide letter dated3 1122008 Amexure P3 scheme for Qe revisionofpayscaleswas bytheMinistry of to theUGC Therein issue of age of superation also figuredin para 86OThe said paraalongwith subpara p9ofpara8 are belowl 8 Other terms and conditions2 a9 tO ee XXXX xx XX XX fl Ageof Superannuatione 4t oin order to meet the situation arisingOUt of shortage of teachers in universities and other teachinginstitutionsand Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document cwp 807 5 012010 6 4 the consequentvacant positionstherein the age of for teachers ln Central Educational institutionhasalreadybeenenhancedto sixtyfive years vide the of highereducation letter NoFNoe 1912006U1Idated 2332007 for those involved in class room teachinglll order to attract eligiblepersons to the teachingcareer and to retain teachersin service for a longer period on upwardrevlSlOn of the age of of thers the Central Govemment has alreadyalRhorizedthe CentralUniversitiesvide m of highereducationDO letter Nok2412006 Desk U r dated 3032007 to enhancethe age of of 0 Vice chancellorsof Central Universities from 65 years to 70 C0 years subject to amendmentsin therespective statutes with 0 the approval of the competentauthorityVisitor in the case I ofCentral Z ii subjectto availabilityof vacant p6sitionsand fitness teachersshall also be re employed on contract 0 beyondthe age of sixtyflve years uptothe age of seventy I years beyondthe age of t shall howeverbe done for a limitedperiodof Z threeyears in thefirst instanceand thenfor another81rther m periodof two years purelyon the basisofmerit area of merit experiencearea of speciaIization and peer am Z groupreview and onlyagainstavailable vacant positions L1 without selectionor promotlonprospectsof eligibleteachers Whereas the enhancementof the age of superannuation for teachers engaged 111 class room teachingis intended to attract eligiblepersons to a career in teachingand to meet theshortage of teachersbyretainingteachersin servicefor a longerperiod and whereas there lS no shortage in the categories of librariansand Directors of PhysicalEducation the increase in the age of superation from the present Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 308 35of2010 7 4 C sixtytwo years shall not be available to the categoriesof t Librariansand DirectorsofPhysicalEducation XX XX XX Xxx Xxx plApplicabilityof the Schemel il This scheme shall be applicableto teachers and other equivalentcadres 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 1 of the revised scales shall be subject to the of all the conditions motioned in this letter as 0 well as to be framedby the UGC in this behalf CO Universities this schemeshall be advisedby C5 the UGC to amendtheir relevant stamtes and ordinancesln I line with the UGC to amendtheir relevant statutes and ordinances in line with the UGC within three Z months from the dateofissue ofthis letter iil to ivl xx Xx Xx Xx vl This schememay be enended to universities colleges C3 Z and other highereducationalinstitutionscomingunder the purviewof StateLegislature provided StateGovernments 4V r wish to adopt and implementthe scheme subjectto the 7 following terms andconditions Z a1Financeassistancefrom the CentralGovemmentto CL StateGovents opting to revisepay scalesofteachers and other cadre covered under the Scheme shall be limitedto the extent of 80Ieighty percent1 of the additional expenditure involved ln the ofthe revision bl The state Govemmentoptingfor revision of pay shall meet the remaining20Io wenty percent9of the additionalexpenditure from its own sources J l e 444IP44InM41 Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 309 CWP tl 550f2010 8 1 0 c1to fl xx Xx XXX XXX XXX t gl Paymentof central assistancefor this scheme is alsosubjectto the condition that the entire scheme of revision of pay scales together with all the conditionsto be laid down bi the UGC by way of and other guidelines shall be by State Govemments and universities and colleges coming under their jurisdiction as a compositescheme withoutany modificationexceptin regard to the dateof and scales of pay mentioned herein m above supplied C The UGC vide letter dated 2822009 Annexure PA addressedto 0 Education Secretariesof all the StateGovemments that the State I C9 Govemmentsmay initiate immediate action for of scheme of I reVlS1011 ofpay in a time bound manner The letter also referredto the issue of et Z enhancementof retirement age The State of Punjabvide notification dated 292009 revisedthe pay scales ofteachersand cadresin the universities and colleges of the State we l 12006 exure P9 as per letter dated t2 3 1122008 Annexure P3 and also stated that the scheme will be applicable subject to acceptanceofconditions mentionedin the said leuer m I4 3 6 CWP No6370 of 2009 JagirSinghKahlon and others v State of Z Punjobandanotherwas filedin thisCourt a directionfor revisionof age of retirementas per notiflcationdated31122008 and this Court vide order dated 6A2010 directed the State Govemment to take 2 COllSClOUS policy decision ThereaRer vide letter dated 1132010 AnnexureP theMinistryof IUO wrote to the StateGovemmentsabout the issue of revision of pay scale Referring to letter dated 31122008 it was mentioned that the schemecould be extended to institutions under the State Govemments providedState Governments wish to adoptand implementthe Scheme It was furthermentionedthat as per the said J P4 Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 810 9 wp t 5 of2010 theState Govemments are requiredto the scheme as a letter the age of in para 80 of this composlte one letter dated31122008 with all the conditionsspecified orto be specified by Grants Commission6UGCby and other 7 Thereaer Grants CommissionMinimum Universities andColleges and other for the Maintenanceof standardsin Higher m Q2 2010 were notified vide notificationdated 3062010 published in O azette of India dated 182010 Thesaid have been framedbyUGC 0 underSection26 of tlle UGC Act 1956and are to Centralas well as C5 State andaf6liated colleges Para 2 provides that for I maintenanceof standardsin highereducationshallbe as in the Amexure Z TheAnnexurecontainsinterealiafollowingprovisionsl t 20100The revisedscalesofpay andotherserviceconditionsincluding age I of Superation 111 Centraluniversitiesand other institutions Z maintainedandlor lnded by the UniversityGrants Commission shallbe strictlyin accordancewith the decision ofthe Central m Ministryof Human Resource S7 Z as containedin Appendix QU 203elTherevisedscalesof pay andage of superation as provided 111 Clause 210 abovemay also be extendedto Universities colleges and otherhher educationalinstitutionscomingunder thepurviewof the State and maintained by the State Goveents to the of the scheme as a composite one ln adherenceof the terms and conditions laid down in the MF notificationsprovided as AppendixI and in the MI leuer Nol 71201043IIdated 11 May 2010 with all conditions specifiedby the UGC in theseRegulations and otherGuidelines a4IvV1V044 Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 311 CWPII 35of 2010 10 1 AppendixI is letter dated31122008 Thoughthe Baba Farid Universityof SciencesFaridkot revised the age of superation 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 superation to 65 years Accordingly CaSe 1S made out for issuance of direction to complywith the mandateofthe UGC byrevising the age to 65 years W 8 In the replyfiled bythe Stateof Punb the standtaken is that the 0 rnatt of revision of age of superation was refeued to a Coinmiuee The said 0 Committeein its meeting held on 2962010 observedthat therewas no shonage of 0 quali86d teachersin the Stateand therewas no needto enhancetheexistingageof retirement the State Govemment appliedfor relaxation of Z instructions of the Central Govemment dated 1152010 vide leuer dated Ct 1082010 Letter ofthe Govemment ofIndia onlyrelated to conditions for grant I C of financialassistancewhich 1S a matter betweenthe StateGovemment and the Z Central Government Since the ecement of age has serious flnancial QO the StateGovemmenthas not the revlslon of age The 7z Central Govemment has not givenany assistanceaRer 1A2010 Letter dated CL 31122008 is based on letter dated2332007 which was applicable to Centrally Slnded higherand technical educationinstitutionscomingunder the purviewof this ministryin order to overcome the shortage of teachers and thoug as per letter dated 2822009 followed by letter dated 1132010 the same could be extendedto the Statesand State universities reimbursementwas to be applicable only if the StateGovemmentsimplemented the scheme as a compositepackage providedState Govemments wish to adoptand implement the scheme The Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document cwp tr31215of2010 11 1 consequence was not of automaticrevision of age The adopting leer dated 31122008 were also accordingly limited in their applicability and the revised age was not applicable unless specificallyextendedto the State Governmentsand State universities Thus the petitionwas liable to be dismissed 9 Stand of the Universityis that as per servlce rules by the Universityage of retirementwas 60 andthe said rules have not been andthusprayer in thepetitioncould not be accepted r 10 Stand of the UGC is that the r8VlSlOll ofagewas applicable onlyto 0 0 Centrally lnded higherand technicaleducationinstitutionsunder thepurviewof I 0 and not to any employee of a college which is not Rmdedand maintainedby Z theUGC However the StateGovernmentcould adoptthe decision for revising the Z ageofsuperation 2 11 We haveheardleamedcounselfor thepaniesand perused the record I C0 12 Learnedcounsel for the subniittedthatthough revision of Z age as per letter dated 2332007 was initiallyapplicable to Centrally81nded 11 higherand technical educationinstitutionscomingunder the purviewof this wmo z mlnistryin order to overcome the of teachers the effect of letterdated 3112 2008 para v was to extendthe same to all State universitiesand collegesalso The State Govemmentshavingtaken6nancialassistanceof the CentralGovemmentand havingoptedto the revisedpay scales could not reject revlslon of age of as the Stategovernmentshad to the schemecontained in letter dated 31 22008 as a compositeschemewithout any modification In supportof the said submissionreliance has been placed OIl judgmentof learned SingleJudgeof Patna High Court dated 2082010 in CWP Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document CWP313 165of 2010 12 1 No 11348of2010 Dre SunityPandeyand others v the StateofBiharand others andjudgment of leamed SingleJudgeof JharkhandHighCoun dated1012011 in WP 0 C9N0363 of 2010 DrMaheshwar Tiwaryand others ve The State of Jharkhand and others In the context ofPanjabUniversityit was submittedthat thoughthe Universitywas establishedunder the StateAct ie PanjabUniversity Act 1947 it became inter statebodycolporateunder the Punjab Act 1966 Maintenance and grantsare to be sharedand paidbyconcemed States asper directive ofthe Central Govemment The Vice Chancellor ofthe University 1 0 ln themeeting held on 2962010 inrmed thatthe hasbeenconsidered 0 to be a CentrallySlndedinstituteunder section26d9 ofthe Central Educational 0 Institutions in Act 2006 CEI 2006 Act9Referencehas I C5 alsobeenmadeto theopinionofthe AttomeyGeneral dated 26102010 as underl I Z It cannot be forgotten that thePunjabUniversity is one of the oldest Universitiesin the countrybeingestablishedin 1882 at Lahore as East PunjabUniversityAfler partitionthe I University was raestablished in India on Ist October 1947and Co after workingat different placesflnallymoved to Z in 1956 The Ministryof is rightlyconcemed in seeing that this institutionis not starvedof 8mds m Wm A letter from Additional to Chainnan UGC dated l 12010 has also Z 2 beenreferredto thefollowing effectl 2 The matter has smce been revisited The Central Govemment has obtained the opinion of learned Attorney General for India 6copy who has held that the earlier Vlew of the Central Govemmentbased on which the Central Goveent had indeedfiled certain affidavitsbefore couns of law in matters concemingPunjabUniversitywas erroneous This opinionofthe Attomeygeneralfor India pavesthe way to not only fund PunjabUniversityfor the purpose of expanSlOll e 1 Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 814 CWP 65 of 2010 13 required for the CEI Act 2006but also enabling UGC to start meeting the fmanciaIneedsofPunjabUniversity it was submittedthat thoughearlier thePanjabUniversity was held not to be Central or Centrally lnded universityin the judgmentof this Court in Dr ACJulka and others ve PunjabUniversity and tohers 2008 7 SLR 198 the situationhasnow changed 13 Itowas pointedout that the Central governmentin an affidavit filed beforeMadhyaPradesh HighCourtin similar writ petitions has taken a standthat m the schemedated31122008 was to the Statesand State 0 Universities for beingeligiblefor Centralassistance Affldavit of the 0 I Central Goveent hasbeen filed as AnnexurePA in CWP No16357 of2010 0 14 Learned counsel for the State and the Stateuniversitiesother than I Panjab opposed thesubmission It was statedthat the decisionof the Z Central Govemment dated 2332007 to revise the age of to 65 2 C4 years was applicableonlyto Centrallyfunded higherand technical education institutionscomingunder the purview of this ministryin order to overcome the C3 Z shortage ofteachers Letter dated31122008 provided that the schemecould be Cll extendedto States providedStateGovernmentswish to adoptand implement the scheme Thus till the StateslStateuniversitieswished to adoptthe schemeof Z Om revlslon of age of supenuationtherewas no automaticrevision of age of Letter dated31122008was onlyaddressedto UGC letter dated2022009 from the UGC to the StateGovemmentswas on the subject ofreimbursementoffinances involved Similar is thepositionWith regardto letter dated 115010 The 2010 Regulationsalso did not revlse the age of superation exceptin relation to Centrallyfunded higherand technical education instons comingunder the purviewof this ministryin order to 3e overcome the shortage of teachers In such a situation it was for the State 6 e6 4er4nr1 2 4 9 27 A Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 815 CWPA i5 of 2010 6 14 1 Io Governments and the State Universitiesto take a decision to revise the age of ll in absenceof which the age of was as prescribed ln the rules View taken in the of JharkhandandPatna High Courtscould not be followed in view ofjudgmentofthe Honble Supreme Coun in B Bharat Kumar and others ve Osmania Universityond others 620079 11SCC 58 which has been followed by Division Bench of this Court in Dre AeCeJulka Thisbeingthepositionin absenceofconOict in the UGC Regulation and decision of the State contenon of Regulationbeingcovered underEntry66 of List I and j Q thus overriding the Statelegislationdid not anse as held in similar situationby 0 Honble the Supreme Court in Be Bharat Kumar and bythis Coun in Dre AeCe Cao Julka Distinctionpointedout that when the issue was considered in B Bharat I C5 Kumar and Dr ACe Julka the decision was onlyexecutivedecision and now the I ct same has been formalizedas a statutoryprovisionby way of Regulation under Z sectlon 26 of the UGC Act 1S not significantThe Regulation itself limits the Q applicability ofthe revised ageto Centrallyfundedhigherand technicaleducation institutionscomlng under the purviewof this ministry lIl order to overcome the C Z she of teachers leavingthe 1SSue of exnsion to other institutionsas per c0 letterdated1151010 231 mmo 2 150 Leamed counsel for the PanjabUniversitysubmittedthat the Panjab Q was not a Central as earlier held by this Court in DreAeCeJulka and the revised age of was not applicableHowever on account of certain the 1SSUe whether it was Centrallyfunded was a debatle issue and matter in this regard was pendingwith the Central Govemmentand the said university will abide by such decisionas may be takenbytheCentralGovemment At this stagethe Panjab 41 1 Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 816 CWPI 350f2010 15 4 did not wish to take any particularstand whether it was centrally Slnded or not as the said issue is still to be decidedbythe Central Government 16 Leamedcounselfor the CentralGovemment statedthat he has no instructionsin the matter 17 In view of rival contentionsnoticed above we proceed to deal with thequestions referredfor our Re2alDeemedamendment to the statutory rules bv virtue of schemedated 310121008 1 C 18 The scheme dated 31 122008 refers to revision of age of 0c vide letter dated 233 2007 which applies to CentrallySlnded I and technical education institutionscomingunder the purviewof this 0 ministry ln orderto overcome the shortage of teachers As per subpara GoIof Z para 8 the schememay be extendedto other institutions wish to adoptthe r same Clauseg9of sub para0 6v that centralassistancewas subject to r theschemebeing as schemeThus the saidschemedoes I not automaticrevision of age to all institutionsunless the State Z Govemmentswish to adoptthe same Iftheydo not wish to adoptthe same it may m have ramification on central assistancebeingprovided as mentionedtherein 7 Z Adoption of the said schemein does not change its characteras the Qm also provides thatthe schemedoesnot extendto all the institutionsunless extendedas per para 23 The matter was consideredby the Honble SupremeCourt with regardto similar scheme dated 2701998 and the scheme was held to be voluntaryThe contention that the scheme must be asa compositeone was rejectedContention with regardto applicability of Entry66 of List I was also rejectedWe may quotebelow the relevant part of letter dated 2731998 interpreted by the Honble SupremeCoun 4ll e Singh Gagan Preet 2014.07.02 16: 11 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this