75 7 1 e IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Noe9665of2010 Date ofdecisionl 42011 Profe SSBindra and others metitioners Vs The StateofPunjaband others And connected petitionsbeingCWP N01392 of 2009 CWP Nose1268 1297 1324 1932 2661 3803 4583 to 4585 4607 46 7176 7321 8823 9465773 106161107611972 1260312604127361288213117142651427714604 14693150011544715463155081562415880 16185162231635716961 tr 17140171551716317400175451883719087191521925619501 18508 1857519596 19693 19699 19749 19841 19908 19935 20036 20225 20226 0 20296t0202982042220613206932072820729207502085421to 0 21137 21159 21240 21241 22449 22673 22736 22818 and 23003 of 2010 AND 0 I CWP Nos184 345 585 838 896 897 1001 1304 1386 1429 1495 1618 1782 2065 3391 3464 SL3492of2011 Z m CORAM2e HONBLE MR JUSTICE ADARSH KUMAR GOEL C HONBLE MR JUSTICE AJAY KUMAR MITTAL I Presente Dr Balram GuptaSr Advocate with 3 Ms Anamika Negi Advocate GnaCWPNos665 15463 15508 Z 15624 17545 19087 19256 21159 22818 of 2010 and 1495 8t 346412011 00 Mr BM SinghAdvocate and Mr Anshul Joy Advocate GnCWP Nos 7321 12882 14693 15001 7 Z 20296to 20298 21136 e 23003 of2010 and 1429 3492of201 19 Ll Mr SarjitSinghSr Advocate with Mr Vikas SinghAdvocate l CWP No14265 and 19841of20109 Mr RK Malik Sr Advocate with Ms Komal Sharma Advocate l CWP Nos176 8823 12603 to 12604 15880 16961 18837 19152of2010 Mr Arun Nehra AdvocateOnCWP No63571109 Mr RD Anand Advocate in CWP Mr Padam Kant Dwivedi Advocate 6inCWP oP Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document Pl cvv761665of 2010 1 1 S r Mr Man Chahal Advocate On CWP Nos19501 20226 21135 212408 22449110 Mr SSe Salar Advocate CWP No0616 20613 of 2010 8i 184111 Mr Atul Kaushik ManjitSinghAdvocates in CWP No226731109 Mr AnupamAdvocate in CWP No71551109 Mr N BhardwajAdvocate GnCWP No06931109 Mr Al0 Bishnoi Advocate OinCWP No04221101 MreKewal Kumari Advocate 1 CWP Nos9465110 13041111 1 r CWPNosl1241110 3391111 0 C0 Mr SubhashAhujaAdvocate l CWP No13861119 I Mr Ashok SehgalAdvocate l CWP No85111 C5 Mr SudhanshuMakk Advocate Z in CWP MrNilesh BhardwajAdvocate 6inCWP Nos 1932 20728 20729 r of2010 I Mr SK Tamak Advocate6inCWP Nos324 11972 21137 and C3 22736 of2010 Z Mr SC Aron Advocate m 0inCWP Nos199351108 896111 me Dr SuryaPrakash Advocate l CWP Nos1268 2661 4583to 4585 Z 4607 4617 and 19908of2010 for Ll Mr Jaswinder SinghDAG Punjab Mr AnupamGuptaAdvocate for PanjabUniversity Mr SC Sibal Sr Advocate with Mr VS Rana Adv for KurukshetraUniversity Mr Amrit Pal Advocate for Guru Nanak Dev University Mr NR DahiyaAdvocate and Mr Amit Rao Adv for Mre SlC Sharma Adv for UGC Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 77 P1a CWP 365of2010 41D r Mr AshwinieBansal CentralGovt Counsel MrsKamla Malik CentralGovt Counsel Mr RajdeepS Cheema Advocate for 11 8 12 in CWP No12736110 for 0 10 in CWP No13117110 forrespondent No in CWP No16185110 for Nosl 8e 10 in CWP No18575110 for in CWPNo19749110 for Nos 6 in CWP No20036110 Mr HemenderGoswamiAdvocate for in CWP No896111 Mr SC NagpalAdvocate 1 8 6in CWPNo7321110 l for No6 in CWP Noe12882110 0 0 Adarsh Kumar GoelJ I C5 1a Thisorder will disposeof a bunch of 100petitions mentionedabove According to learnedcounsel for the all the writ petitionsinvolve Z common relatingto claim of the writ for revlSlOll of age of 2 retirement to 65 years The said claim is based on letter dated31122008 of the r Govemmentof India addressed to the UniversityGrants Commission UGC followedby letterof the Govemmentof Indiadated 1152010 to the Education Z Secretaries of all State Govemments and notification of UniversityGrants C Commission Minimum for of teachersand other a Z Academic Staff in Universities and Collegesand other Measwes for the Maintenanceofstandardsin HigherEducation 2010 2 A bunch ofpetitionscame up for hearing beforeleamedSingleJudge who vide order dated 4102010 referred the matter to the Division Bench as followsl Ct 3 Since the flnal outcome of these cases likely to have far 1S reachingrepercussions including some lmpacton other Stateservices m V Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 31111111111111 78 CWl 9665of2010 t also it appearsinterealia that the followingimpo questions of law needto be bya largerbenchl a9Whether the service conditions includingthe age of retirement prescribed in the statutoryservice rules framed under provisoto Article 309 ofthe Constitutionor under a state can be deemed to have been amended by virtue of the CircularlScheme dated 3 1122008 issuedbythe Governt ofIndia2 b9Whether the Govemment of India is competentto command the StateGovemmentiversities to increasethe age of retirementof a sectionofthe 1 0 c9 Whether the States have any lawful authority to bargeinto the Seld 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 d What will be the impact ofthe GovemmentofIndia Schemeor the Z UGC Regulations in the case of teachersworkingin the inter state Universities like PanjabUniversityChandigarh7 r e1 What is the scope of Statutorypowersof UGC and whether such powerswould include the authorityto lay the t Z conditions of serviceincluding the ageof retirement7 C 4 Admitted to DB Let the recordsofthese cases be placedbeforeHonble the Chief Justice for enlistingthem before an appropriateBench on ma Z 15112010 flm XX XXX Xxx XXXXX Accordinglythe matters have been placedbefore this Bench Several other writ petitions filed aRer the order ofreference havealso been listedfor hearing 3 CWP No665 of 2010 has been treated to be the petition main on suggestionof learned counsel for the paniesand pleadings are beingreferredto from the said petitionCase of thepetitioners is that theyare teaching in different depents of Guru Nanak Dev University6U9 Their age 1S Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 1 CWCl 3665of2010 LJ 68years as per rules The Goveent of India appointed Sixth Pay on 5102006 to consider the demand of the Central Govemment for increasein salaryand ofother serviceconditions The said Commissiongave its report on 2432008 which was approvedby the Union Cabinet on 1482008 The UGC appointed an expertcommittee to consider the claimof the teachersin Universities and collegesfor revision of pay scales and otherallied issues headed by Prof GCChadha The Commiuee gave its repon revision ofpayscales andenhancemnt ofage to 1 meet the situationarisingout of shortage of teachersandto attract eligiblescholars 0 to theteachingprofession to improve the standardof qualityof highereducation 0 The said Committeealso recommended ofretiredteachersuptothe I C5 ageof70 yearSe I Z 4 Based on considerationof the saidreporttheGovemment of India vide lettersdated2332007 conveyed its decision to revise age of Q of all persons holdingteachingpositionas on 153 2007 to 65 years and also I c0 provided for of suchteachersuptothe ageof 70 years The said age Z was applicable to Centrally61ndedhigherand technical educationlnstitutlons m comingunder the purviewof this ministryin order to overcome the shortage of ma z teachers Therealter vide letter dated 31 122008 Annexure P3 scheme for Om revisionofpayscaleswas bytheMinistryof to theUGCThet issue of age of superation also figuredin para 860The said para alongwith sub para p9ofpara8 are reproduced below 8 Other terms and conditions2 a9 to e9 xxxx XX xx xx 0 Ageof oin order to meet the situation arisingout of shortageof teachersin universitiesand other teachinginstitutionsand Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 80 CWP 565of 2010 1 the consequent vacant positionstherein the age of superation for teachers in CenUal Educational institutionhas alreadybeenenhancedto sixtyflve yearsvide the of highereducation letter NoFNo l dated 2332007 for those involved in class room teachingin order to attract eligiblepersons to the teachingcareer and to retain teachersin service for a longer penod on upwardrevlSlOll of the age of superation of teachers the Central Govemment has alreadyauthorizedthe Central Universities vide m of highereducation DO letter NoF2412006 Desk 6U9 r dated 30322007 to enhance the age of of 0 Vice chancellorsofCentral Universities from 65 years to 70 C3 yearssubjectto amendmentsin the respective statutes with I C5 the of the competentalnhority Visitor in the case I of CentralUniveities Z ii subjectto availabilityof vacant p6sitionsand fltness teachersshall also be re employed on contract 0 beyondthe age of sixtyflve yearsuptothe ageof seventy I years beyondthe age of t shall however be done selectively for a limited periodof Z threeyears in the first instanceand then for anotherhlrther ClO periodof two yearspurelyon the basis of merit experience area of merit experiencearea of and peer 7 Z groupreview and only againstavailable vacant positions ll without affectingselectionor prospectsof eligible teachers Whereas the enhancementof the age of for teachers engaged111 class room teachingis intendedlto attract eligiblepersons to a career in teachingand to meet the shortage ofteachersby retainingteachers in service for a longer period and whereas there lS IlO shortagein the categories of librariansand Directors of PhysicalEducation the increasein the age of from the present Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 81 Cll 9665 of 2010 r2 0 SlMy two years shall not be available to the categories of r LibrariansandDirectors ofPhysicalEducation Xx xx XX XXX XXX p9ApplicabiIityof the Schemet il This scheme shall be applicableto teachers and other equivalentcadres of Library and PhysicalEducation ln all the Central Universities and collegesthereunder and the institutions deemed to be universities whose maintenance expenditureis met by the UGC The m of therevisedscales shall be subject to the C of all the conditions motioned in this letter as 0 well as to be framedbythe UGC in this behalf C Universities this scheme shall be advised by I C5 the UGC to amendtheir relevant statutesand ordinancesln I line with the UGC to amend their relevant statutes and ordinances in line with the UGC within three Z monthsSom the dateofissue ofthis letter C io to iv1xx XX XX xx v1This schememay be extendedto universitiescolleges r Z and other highereducationalinstitntionscomingunder the purviewofStateLegislature provided StateGovernments 00 wish to adopt and implementthe scheme subjectto the 3 foIlowing terms and conditions Z Financeassistancefrom the CentralGovernment to Qm StateGovents optingto revise pay scalesofteachers and other equivalentcadre covered under the Scheme shall be limited to the extent of 80Io 6eightypercentlof the additional expenditure involved in the ofthe revision b1The state Govemmentoptingfor revision ofpaysha11 meet the remaining200Io twenty percent9of the additionalexpenditure Som its own sources 1 eema V Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 82 CWF 665of 2010 Io 4 cl to 0 xx Xx XXX XXX Xxx t g1Paymentof central assistancefor this schemeis also subjectto the condition that the entire schemeof revision of pay scales togetherwith all the conditionsto be laid down by the UGC by way of Regulations and other guidelines shall be implemented by State Goveents and universities and colleges comingunder their jurisdictionas a compositescheme without any modification exceptin regardto the date of and scales of pay mentioned herein m above suppliedl r 5 The UGC vide leuer dated 2822009 Annexure PA addressedto 0 O Education Secretariesof all the State Govemments suggestedthat the State I C5 Govemmentsmay initiate immediateaction for of scheme of I reVlSlOn ofpay in a time bound manner The letteralso referredto the issue of Z enhancementof retirement age The State of Punjabvide notificationdated c2 292009 revisedthepay scalesofteachers and cadresin the universities I and colleges of the State wef l2006 nnexure P31 as per letter dated t Z 31122008 Annexure P3 and also stated that the scheme will be applicable subjectto acceptanceofconditionsmentionedin the said leuer CQ 3 6 CWP N16370 of2009 SinghKahlon and others v State of Z m Punjabandanotherwas 81edin thisCourt a directionfor revlsionofage ofretirement as per notificationdated31122008 and this Court vide order dated 6A201 O directed the State Govemment to take a conscious policy decision Thereafter vide letterdated 1132010 Annexure P the Ministtyof wrote to the StateGoveents about the 1SSue of revision of pay scale Referringto letter dated 31122008 lt was mentionedthat the scheme could be extended to institutionsunder the State Govemments providedState Governmentswish to adoptand implementthe Scheme It was 61rthermentionedthat as per the said J P4 Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 83 CW 9665of2010 111 e letter the State Govemments are requiredto implementthe scheme as a one includingthe age in para 80 ofthis letter dated31120089together with all the conditions orto be specified by UniversityGrants Commission UGC9by regulations and other guidelines 7 ThereaiterUniversityGrantsCommission Minimum for ofteachers and otherAcademic Staffin Universitiesand Colleges and other Measures for the Maintenance of standardsin Higher m r 2010 were notified vide notification dated 302010 published ln 0 Gazetteof India dated 1882010 The said havebeen framedbyUGC 0 under Section 26 of the UGC Act 1956and are to Centralas well as 0 I StateUniversities and affiliated collegesPara 2 providesthat for maintenanceof standardsin highereducationshall be as provided in the Annexure Z The exure contains lia followingprovisionse lr I 21O The revised scalesof pay and other serviceconditionsincludingage r of superation 111 Central universities and other institutions Z maintained andlor 61nded by the Grants Commission m 6UGC9shall be strictlyin accordancewith the decision ofthe Central Govemment stryofHuman Resource W7 Z as containedin AppendixeI Ll 231The revisedscales of pay and age of as provided 111 Clause 2O above may also be extendedto Universities colleges and other highereducational institutionscomingunderthe purviewof the State Legislatureand maintained by the State Goveents subjectto the of the scheme as a compositeone in adherence of the terms and conditions laid down in the A4POUO notiflcations providedas AppendixI and in the MHRD letterNoFl 712010eUII dated 11 May 2010 with all conditions speciOed by the UGC in theseRegulations and otherGuidelines 9 44 Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document wp 84 65 of 2010 1 leUerdated 31122008 Thoughthe Baba Farid Universityof Appendix I is SciencesFaridkot revised the age of superation to 65 years inspiteof directionof the Central Govemment that assistanceto the StateGovemmentwill be only if the pay scales were revisedas per scheme which was one includingthe age of the StateGovemment and the State failed to revise the age of superation to 65 years Accordingly case lS rnadeout for issuance of direction to complywith the mandateofthe UGCbyrevisingthe ageof to 65 years 8 In the replyflled by the Stateof Punjabthe stand taken is that the 0 matter ofrevision ofage was refenedto a Commiuee The said 0 I in its meetingheld on 2962010 observedthat therewas no shortage of C5 I teachersin the Stateandtherewas no needto enhancetheexisting age of retirement the State Govemment appliedfor relaxation of Z of the Central Govemment dated 1132010 vide leuer dated 1082010Letter ofthe GovemmentofIndia onlyrelatedto conditionsfor grant I of financial assistancewhich is a mMt between the StateGovemment and the Z CentralGovernment Since the enhancement of age has serious financial 00 the State Govent has not the revision of age The vn 2 Central Govemment has not givenany assistanceafter l 2010 LeUer dated fl 31122008 is basedon letter dated2332007 which was applicable to Centrally 61ndedhigherand technical educationinstitutionscomingunder the purviewof thisministryin order to overcome the shortageof teachers and though as per letter dated 2822009 followed by letter dated 1132010 the same could be extendedto the Statesand State universities reimbursementwas to be applicable onlyif the StateGoveents implemented the scheme as a compositepackage providedState Governments wish to adoptand implementthe scheme The Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document CWp85 15of 2010 was not ofautomaticrevision ofage The Regulations adopting leuer dated 31122008 were also accordingly limited in their applicability and the revised age was not applicable unless specifically extendedto the StateGovemments and State universities Thus the petitionwas liable to be dismissed 9 Standof the Universityis that as per service rules adoptedby the age of retirementwas 60 and the said rules have not been andthusprayer in thepetitioncould not be accepted 1 tr 10 Standof the UGC is th the revision of age was applicable onlyto 0 0 Centrally 81ndedhigherand technical educationinstitutions under the purview of I and not to any employee of a collegewhich is not mded and maintainedby I the UGC However the StateGovemmentcould adoptthe decision for revising the Z age ll We haveheard leamedcounselfor theparties and perused the record I C 12 Learned counsel for the submittedthatthoughrevision of Z age as per letter dated 2332007 was initiallyapplicableto Centrally lnded 00 higherand technical education institutionscomingunder the purviewof this m7 2 ministryin order to ovcome the shortage of teachers the efct of letter dated 0 31122008 para 86v was to extendthe same to all State universities and collegesalso The State Govemmentshavingtaken financial assistanceof the Central Governmentand havingoptedto the revised pay scales could not reject revlSlOn of age of superation as the Stategovemmentshad to implement the schemecontained ln letter dated 31 122008 as a compositeschemewithout any modification In support of the said submission reliance has been placedon judgmentof learned SingleJudgeof Patna High Court dated2082010 in CWP Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document CW86 9665012010 11348 of2010 DreSunityPandeyand othersv the StateofBiharand others and oflearnedSingleJudgeofJhalkhandHighCourtdated 1012011 lll WP C9 N0363 of 2010 DreMaheshwar Tiwaryand others v The State of Jharkhandand others In the context of PanjabUniversityit was submiuedthat thoughthe Universitywas establishedunder the StateAct ie PanjabUniversity Act 1947 it became inter state bodycolporateunder the PunjabReorganization Act 1966 Maintenance and grantsare to be sharedand paidbyconcemed States asper directiveofthe CentralGovemmentTheVice Chancellorofthe University j Q ln themeetingheld on 29010 informedthattheUniversity has beenconsidered 0 to be a Centrally funded instituteundersection2i9 0v9ofthe CentralEducational C0 InstitutionsReservation in Admission Act 2006 CEI 2006AcO Referencehas I 9 alsobeenmadeto theopinionofthe AuomeyGeneral dated26102010 as under I It cannot be forgotten that the PunjabUniversity is one of the Z oldest Universities in the countrybeingestablishedin 1882at 2 0 Lahore as East PunjabUniversityARer partitionthe University was remestablishedin India on Ist October 1947and I afterworking at diHerentplacesfinallymoved to Z ln 1956 The Ministryof ID is rightlyconcemed in seeing that this institutionis not starvedomds 79 Q0 w A letter from Additional Secretary to Chairman UGC dated l 11 010 has also Z beenreferredto the followingeffectl ll 2 The matter has since been revisited The Central Govemment has obtained the opinionof leamed Attomey General for India copy encIosed who has he1dthat theearlier Vlew of the Central Govemment based on which the Central Governmenthad indeedfiled certain affidavitsbefore couns of law in matters concemingPunjabUniversitywas erroneous This opinionofthe Attorneygeneralfor India paves the way to not only81ndPunjabUniversityfor the purpose of expansion Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document CWP87 365of 2010 7 9 for the CEI Act 2006but also enabling UGCto start meetingthe financial needsofPun University it was submittedthatthoughearlier the PanjabUniversitywas held not to be Centralor 81ndeduniversityin thejudgment of this Coun in DreACJulka and others v PurzjabUniversityand tohers 00897SLR 198 the situationhasnow changed 13 It was pointedout that the Central govemmentin an affldavit filed before PradeshHighCourtin similarwrit petitions has takena standthat 11 the schemedated 31 122008 was automatically to the Statesand State 0 Universities forbeingeligiblefor Centralassistance Afdavit of the 0 Central Governmenthas beenfiled as Annexure PA in CWP No16357 of2010 I C5 14 Learnedcounsel for the State and the State universitiesother than I PanjabUniversityopposed thesubmission It was statedthat the decisionof the Z CentralGovemment dated 2332007 to revise the age of to 65 r yearswas onlyto Centrallyfunded higherand technical education I instkutionscing under the pwviewof this ministryin order to overcome the C Z ofteachers Letter dated31122008 provided that the schemecould be 00 extendedto States providedStateGovemmentswish to adoptand implement the scheme ThuS till the StateslStateuniversitieswished to adoptthe schemeof 72 Oa revlSlon of age of therewas no automaticrevision of age of superation Letter dated31122008 was onlyaddressedto UGC Subsequent letterdated2022009 from the UGC to the StateGovemmentswas on the subject ofreimbursementoffinances involved Similar is the positionwith regardto leuer dated 11 2010 The 2010 Regulations a1s0did not automatically revise the age of exceptin relation to Centrally nded higherand technical education institutions comingunder the purviewof this ministryin order to overcome the shortageof teachers7 In such a situation it was for the State t i 1J Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 88 CWP 665of 2010 lG V1 Goveents and the State Universities to take a decision to revise the age of R in absenceof which the age of was as 111the rules View taken in the of Jharand andPatnaHigh Courts could not be followed in view ofjudgmentofthe Honble SupremeCoun in B Bharat Kumar and others ve Osmania Universityand others 2007911 SCC 58 which has been followed byDivision Bench of this Court in Dr ACe Julkae This beingthepositionin absenceofconflict in the UGC Regulation and decision of the State contentionof Regulationbeingcovered underEntry66 of List I and 1 thus overriding the State legislationdid not arlse as held in similar situationby 0 Honble the Supreme Court in Be Bharat Kumar and by this Coun in Dre AeCe C0 Julka Distinctionpointedout that when the issue was consideredin Be Bharat I C5 Kumar andDre AeCeJulka the decision was onlyexecutivedecision and now the I same has been fonnalized asa statutoryprovisionby way of Regulation under Z section 26 ofthe UGC Act 1S not significantThe Regulationitself limits the C applicability ofthe revised ageto Centrallyfundedhigherand technicaleducation I institutionscoming under the purviewof this ministry lIl order to overcome the Z shortage of teachers leavingthe issue of extension to other instuOons as per c0 letterdated1152010 231 72 15 Leamed counsel for the PanjabUniversitysubmitted that the Panjab l was not a Central as earlier held by this Court in DreAeCeJulka and the revised age of was not automatically applicableHowever on account of certain the issue whether it was CentrallyAlnded was a debatablelssue and matter in this regard was pendingwith the Central Govemment and the said universitywill abide by such decision as may be takenbythe CentralGovemment At this stagethe Panjab Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 89 CWF650f2010 8 ersity did not wish to any panicularstand whether it was centrally Slnded or not as the said issueis still to be decidedbythe Central Government 16 Learnedcounselfor the CentralGovemmentstatedthat he has no instructionsin the matter 17 In view of rival contentionsnoticed above we proceed to deal with thequestions referredfor our adjudication Rel a Deemed amendment to the statutorv rules by virtue ofscheme dated 31121008 a r 5 18 The scheme dated 3 1122008 refers to revision of age of 0c vide letter dated 233 2007 which applies to Centrally81nded I higher and technical education institutions comingunder the purviewof this 9 I in orderto overcome the of teachers As per sub pwa pl of Z para 8 the schememay be extendedto other institutionswho wish to adoptthe 2 same Clause 6gO ofsub para G v9provides that centralassistancewas subjectto theschemebeing as composite scheme Thus the said schemedoes I l3 not envisage automatlC revlSlOO of age to all institutionsunless the State Z Governmentswish to adoptthe same Iftheydo not wish to adoptthe same it may oo have ramification on central assistancebeingprovidedas mentioned therein Z Adoptionof the said scheme in regulation does not change its character as the m alsoprovides that theschemedoesnot extend to all the instibltions unless extendedas per para 231 The matter was consideredby the Honble SupremeCourt with regardto similar schemedated 2771998 and the scheme was held to be voluntaryThe contention that the scheme must be as a compositeone was rejectedContention with regardto applicabilityof Entry 66 of List I was also rejectedWe may quote below the relevant part of letter dated 273998 interpreted by the Honble Supreme Court ill Pooja 2014.07.01 11:56 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document Cwr901665of 2010 1 eVf and relevant part of letter dated 3 1 12 1998 which we have to interpretfor