l 91 C 1 1 IN THE HIGH COURT OF PUNJAB AND CWP Noe9665of2010 Date ofdecision 432011 Prof SSBindra and others Oetitioners Vs The State of Punjaband others Respondents And connected petitionsbeingCWP Nol392 of 2009 CWP Nose1268 1297 1324 1932 2661 3803 4583 to 4585 4607 4617 7176 7321 8823 9465 9773 106161107611972 1260312604127361288213117142651427714604 1 14693150011544715463155081562415880 16185162231635716961 17140 1715517163 17400 17545 18837 19087 19152 19256 19501 18508 0 1857519596 19693 19699 19749 19841 19908 19935 20036 20225 20226 0 20296t0202982042220613206932072820729207502085421135to 21137 21159 21240 21241 22449 22673 22736 22818 and 23003 of 2010 AND 0 f CWP Nose184 345 585 838 896 897 1001 1304 1386 1429 1495 1618 1782 2065 3391 3464 823492 of2011 Z CORAM HONBLE MR JUSTICE ADARSH KUNIAR GOEL r HONBLE MRe JUSTICE AJAY KUMAR MITTAL Presen Dr BalramGuptaSr Advocatewith Ms Anamika Negi Advocate6inCWP Nos9665 15463 15508 Z 15624 17545 19087 19256 21159 22818 of 2010 and 1495 346412011 OO Mr BM SinghAdvocate and Mr Anshul Joy Advocate in CWP Nos 7321 12882 1469315001 W2 Z 20296to 20298 21136 23003of2010 and 1429 3492 of201 19 Mr SaljitSinghSr Advocatewith Mr Vikas SinghAdvocate6inCWP No4265 and19841of2010 Mr RlC Malik Sr Advocate with Ms Komal Sharma Advocate In CWP Nos7176 8823 12603 to 12604 15880 16961 18837 19152of2010 Mr Arun Nehra Advocate6inCWP Mr RD Anand Advocate 1 CWP Mr Padam Kant Dwivedi Advocate 1 OnCWP 1 T450en 0 4 Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 1 92 CW 9665of 2010 1 4P Mr ManojChahal Advocate l CWP Nos19501 20226 21135 21240 Ee Mr SS Salar Advocate n CWP No10616 20613 of 2010 184111 Mr Atul Kaushik 8cManjitSinghAdvocates in CWP Mr AnupamAdvocate 1 CWP No715511 Mr N BhardwajAdvocate in CWP No20693110 lvlr AK Bishnoi Advocate l CWP 1 Mr Kewal Kumari Advocate l CWP Nos465110 8 13041111 r Mr SaurabhArora AdvocateOnCWP Nos21241110853391111 0 0 Mr SubhashAha Advocate 1 CWP No138611 I 0 Mr Ashok SehgalAdvocateGnCWP No8511 19 I Mr SudhanshuMakkar Advocate Z in CWP Mrlllilesh Advocate in CWP Nos 1932 207288 20729 CC of2010 Mr SK Tamak Advocate6inCWP Nos1324 11972 21137 and C 22736of2010 Z 4 MroSeK Arora Advocate QO 6inCWP Nos199351108 896111 VAW Dr SuryaPrakash Advocate 6inCWP Nos12682661 4583 to 4585 Z 4607 4617 and 19908of20109 for Mr JaswinderSinghDAG Punjab Mre AnupamGuptaAdvocate for PanjabUniversity Mr SC Sibal Sr Advocate with Mr VS Rana Adv for KurukshetraUniversity Mr Amrit Pal Advocate for GuruNanak Dev University Mr NI DahiyaAdvocate and Mr Amit Rao Adv for Mr SlC Sharma Adv forUGC g e 1 Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 93 CWF 665of 2010 1P 4P Mr AshwinieBansal CentralGovt Counsel Mrs KamlaMalik CentralGovt Counsel Mr RajdeepS Cheema Advocate for 118e12 in CWP No12736110 for ce 10in CWP No31 17110 for respondentNoin CWP No6185110 for respondentNosl 10in CWP No18575110 for in CWP No19749110 for respondent Nos 8 6 in CWP No0036110 Mr HemenderGoswamiAdvocate for in CWP No896111 1i Ivlr SC NagpalAdvocate 1 for 6 in CWP NoO321110 r for No6 in CWP No2882110 0 0 Adarsh Kumar GoelJ I C5 1 This order will dispose of a bunch of 100petitions mentionedabove I According to leamedcounsel for the petitioners all the writ petitionsinvolve Z common questionrelatingto claim of the writ petitioners for revlSlon of age of retirementto 65 years The said claim is based on letter dated 3112008 of the r Govemment of India addressed to the UniversityGrants Commission JGC followed by letter of the Govemment of Indiadated 1 52010 to the Education Z Secretariesof all State Govemmentsand noti6cati0n of UniversityGrants Cll Commission Minimum for of teachersand other mwo Z Academic Staff ln Universities and Collegesand other Measures for the ll Maintenanceofstandardsin Higher 2010 2 A bunch ofpetitions came up for hearing before leamedSingleJudge who vide order dated 4 102010 referred the matter to the Division Bench as follows 44ee3 Since the flnal outcome ofthese likelyto have far cases 1S reaching including some lmpact OIl other Stateservices n0 4 4 Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 94 S94 CWPNo665 of 2010 4 also it appearsinterealia that the followingimportant questions of law needto be by a largerbench a9Whether the service conditions includingthe age of retirement in the statutoryservice rules framed under provisoto Article 309 ofthe Constitution or under a statute can be deemedto have been amended by virtue of the CircularlSchemedated 3122008 issuedbythe GovernmentofIndia7 b Whether the Govemmentof India is competentto command the StateGovemmentslUniversitiesto increasethe age of retirementof a section ofthe Stativersity 1 C c Whether the Stateshave any lawful to bargeinto theSeld 0 of Education when the subjectmatter is directlyreferableto EnUy 0 66 ofList I Union List or Entry25 ofthe List III Concunent List I C5 only7 I d What will be theimpact ofthe GovemmentofIndia Schemeor the Z UGC in the case of teachersworking in the interstate 2 Universities like PanjabUniversity Cl e9What is the scope of Statutory powersof UGC and whether such powers would include the authorityto lay the t Z conditionsof serviceincluding the ageof retirement2 OO 4 Admittedto DB Let the recordsofthesecases beplacedbeforeHonble the Chief Justice for enlistingthem before an appropriateBench on 7 Z 15112010 XX Xxx XXX XXXX Accordinglythe matters have been placedbefore this Bench Several other wnt petitionsflled alter the order ofreference havealsobeen listed for hearing 3 CWP No665 of 2010 has been treated to be the maln petitionon 1 1 suggestion of learned counsel for the partiesand pleadings are beingreferred to from the said petitionCase of the petitionersis that theyare teachingin different of Guru Nanak Dev University6U Their superamuation age ls pw Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document CWp 365of 2010 as per rules The Govemment of India appointed Sixth Pay Commission on 5102006 to consider the demandof the CentralGovemment for increasein salaryand ofother serviceconditionsThe said Commission gave itsreport on 2432008 which was approved by the Union on 1482008 The UGC an expertcommittee to consider the claim of the in Universitiesand collegesfor revision of pay scales and other alliedissues headed by Prof G1CChadha The Commiuee gave its repon revisionofpayscalesandenhancemnt ofageofsuperation to 1 o meetthe situationarisingout of shortage of teachersandto attract eligiblescholars 0 10 the to improve the standardof qualityof highereducation 0 Thesaid Committeealso recommended of retired teachersuptothe I C5 ageof 70 years 4 Based on consideration of the saidreportthe Govemmentof India Z vide lettersdated233 007 conveyed its decision to revise age of C of all personsholdingteachingpositionas on 1532007 to 65 years and also I c0 provided for ofsuch teachersuptothe ageof70 years The said age Z was to Centrally81ndedhigherand technical education institutions r1 coming under the purviewof this ministryin order to overcome the shonageof 7z teachers Thereafler vide letter dated 31122008 Annexure P3 scheme for CL revisionofpayscaleswas bytheMinistryof to theUGC Therein 1SSUe of age of also figuredin para 8 The said para alongwith subparaOp9ofpara8 are reproduced belowl 8 Other terms and conditionsl a9 tO eleXXXX xx XX xx f9Ageof oin order to meet the situation arisingout of shortageof teachers in universities and other teachinginstitutions and V Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 96 CWF 1665of 2010 6 1 the consequentvacant positionstherein the age of superation for teachers in Central Educational institutionhasalready been enhancedto sixtyfive years vide the of highereducation letter NoNo 1912006U1I dated 233 007 for those involved in class room teaching in order to auract eligiblepersons to the teachingcareer andto retain teachersin servlce for a longer period Consequenton upwardrevlSlOll of the age of of teachers the Central Govemment has alreadyauthorizedthe CentralUniversitiesvide m of highereducation DO Ietter Noke2412006 Desk 0U9 0 dated 3032007 to enhance the age of superation of 0 Vice chancellorsof Central Universities from 65 yearsto 70 0 years subject to amendmentsin the respective statutes with I 0 the of the competent lisitor in the case I of Central Z iio subjectto availabilityof vacant p6sitionsand fltness teachersshall also be re employed on contract appointment r beyondthe age of sixtyfive years uptothe age of seventy I yearse beyondthe age of CJ shall howeverbe done for a limited periodof Z three yearsin the flrst instanceand then for anotheurther CO periodof two yearspurelyon the basisof merit expenence area of merit experiencearea of specialization and peer 7 Z groupreview and onlyagainstavailable vacant positions without selectionor promotionprospectsof eligible teachers Whereasthe enhancementof the age of for teachers engaged111 class room teachingis intended to attract eligiblepersons to a career in teachingand to meet theshortage of teachersbyretainingteachersin service for a longerperiod and whereas there lS no shortagein the categories of librariansand Directors of PhysicalEducation the increase in the age of from the present Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 97 CWPiviu065of 2010 4f SlXtytwoyears shaIl not be availableto the of E Librarians andDirectorsofPhysicalEducation Xx XX XX XXX XXX p1Applicability of the Scheme2 0 This scheme shall be applicableto teachers and other cadres of Library and PhysicalEducation lIl all the CentralUniversities and collegesthereunder and the institutions deemed to be universities whose maintenance expenditureis met by the UGC The 1 ofthe revised scales shallbe subjectto the r of all the conditions motionedin this letter as 0 well as to be framedbythe UGC in this behalf 0 Universities this schemeshall be advisedby I theUGC to amendtheir relevant statutes and ordinancesin 0 I line with the UGC to amend their relevant statutes and ordinancesin line with the UGC within three Z monthsfrom thedateofissue ofthis letter 2 r iil to ivl xx XX Xx XX I v1This schememay be extended to universitiescolleges and other highereducationalinstitutionscomingunder the Z purview of StateLegislature provided StateGovernments QO wish to adopt and inullementthe scheme subjectto the following terms andconditions Z al Financeassistancefrom the CentralGovemmentto Om StateGovernmentsoptingto revisepay scalesofteachers and other cadre covered under the Scheme shall be limited to the extent of 80Io 6eightypercentlof the additional expenditure involved 111 the ofthe revision bl The state Governmentoptingfor revision of pay shall meet the remaining20010 twenty percent9of the additionalexpenditure from its own sources j e aenl9WMIr V Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 98 CWP J65 of 2010 8 c9to fl xx Xx XXX XXX r gl Paymentof central assistancefor this schemeis also subjectto the condition that the entire schemeof revision of pay scales togeer with all the conditionsto be laid down by the UGC by way of and other guidelines shall be by State Governments and universities and colleges comlng undertheir jurisdiction asa compositescheme withoutany modiflcationexceptin regardto the dateof and scales of pay mentionedherein above supplied9 Q 2 5 The UGC vide letter dated 282009 Annexure PA addressedto 0 EducationSecretariesof all the StateGovemments that the State I 9 Govemments may initiate immediateactionfor of scheme of I revlSlOn of pay in a time bound manner The Ietteralso referredto the issueof Z enhancementof retirement age The State of Punjabvide noti6cationdated 2 292009 revisedthepay scalesofteachersand cadresin theuniversities I and collegesof the Statewef l 2006 6exure PI as per letter dated 2 31122008 Annexure P3 and also stated that the scheme will be Cr subject to acceptance of conditionsmentionedin the said letter CQ 4r 3 6 CWP No6370 of 2009 JagirSinghKahlon and others v Stateof Z 20 Punjob andanother was filedin thisCourt a directionfor revisionofage of retirementas per notiflcationdated31 122008 andthis Courtvide order dated 62010 directed the State Govemment to take a conscious policy decision Thereafter vide letter dated 1152010 AnnexureP7 theMinistryofF wrote to the StateGovernmentsabout the 1SSUe of revision of pay scale Referring to letter dated 31122008 it was mentionedthat the schemecould be extendedto institutionsunder the StateGovemments providedState Governments wish to adopt and implementhe Scheme It was further mentioned that as per the said J P4 Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 99 CWPNod65 of2010 1 letterthe State Govents are requiredto implementthe scheme as a 4 composite one the age of superation nentionedin para 860of this letter dated311220089together with all the conditions orto be by UniversityGrants Commission UGC9by and other guidelines 7 ThereallerUniversity Grants Commission Minimum for ofteachersandotherAcademicStaffin UniversitiesandColleges andother Measures for the Maintenance of stmdardslll Higher 1C 2010 were notifiedvide notification dated 30620 10 published ln O Gazetteof India dated 188010 The said regulations havebeen framedby UGC 0 Z under Section26 of the UGC Act 1956and are to Central as well as 0 I StateUniversities and affiliated collegesPara 2 provides that for of standardsin highereducationshallbe as provided in the Annexwe Z TheAnnexure contains interealiafollowingprovisionsl 0 2e10 The revisedscalesof pay andotherserviceconditionsincluding age of superation in Central universitiesand other institutions Z maintainedandlor Rmded by the UniversityGrants Commission 6UGC9shall be strictlyin accordancewith the decision ofthe Central r10 Goveent MinistryofHuman Resource mmo Z as containedin AppendixeI Om 2031The revisedscalesof pay and age of as provided lll Clause 21O above may also be extendedto Universitiescolleges and other higJlereducationalinstitutionscomingunder thepurviewof the State Legislatureand maintained by the State Goveents subjectto the of the scheme asa compositeone ln adherence of the terms and conditions laid down in the A4I4RD noti8cations providedas AppendixI and in the MIRD leUer NoF 1 712010eUII dated 11 May 2010 with all conditions specifiedby the UGC in these and otherGuidelines e4Wl4eP44944114 1 1V Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 400 CWF 665of 2010 e Appendix I is letter dated 31 22008 Though the Baba Farid Universityof SciencesFaridkot revised the age of to 65 years inspiteof directionof the Central Governmentthat assistanceto the StateGovemment will be applicableonly if the pay scales were revised as per scheme which was composite one includingthe age of the StateGovemment and the State Universities failed to revise the age of to 65 yea Accordingly case 1s made out for issuance of direction to complywith the rnandateofthe UGC byrevisingthe age to 65 yearSe Im r 8 In the replyfiled by the Stateof Punjabthe standtaken is that the 0 matr of revision of age of was refeuedto a Comminee The said 0 I Committeein its meeting held on 2962010 observedthattherewas no shonage of C5 qualified teachersin the Stateandtherewas no need to enhancetheexistingage of retirement the State Govemment appliedfor relaxation of Z instructions of the Central Govemment dated 1152010 vide letter dated 1082010 Letler of the Govemment of India onlyrelated to conditions for grant I of financial assistancewhich is a matter between the State Govemment and the Z Central Govemment Since the enhancement of age has serious financial C the StateGovemment has not adoptedthe revlSlOn of age The amo z Central Govemment has not givenany assistanceafter l A2010 Letter dated Om 31122008 is based on letter dated2332007 which was applicable to Centrally 61ndedhigherand technical educationinstitutionscomingunder thepurviewof this ministryin order to overcome the shortage of teachers and thoul as per letter dated 282009 followed by letter dated 1132010 the same could be extendedto the Statesand State universities reimbursementwas to be applicable onlyif the StateGovemments the scheme as a compositepackage providedState Govemments wish to adoptand implementthe scheme The Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 401 CWPt 350f2010 was not of automaticrevision of age The Regulations adopting leuer dated 31 122008 were also accordingly limited Ul their applicabilityand the revised age was not applicable unless specificallyextendedto the State Governments and State universities Thus the petitionwas liable to be dismissed 9 Stand of the Universityis that as per servlce rules adoptedby the Universityage of retirementwas Oand the said rules have not been andthusprayer in thepetitioncould not be accepted lY 10 Stand of the UGC is that the revisionof age was onlyto 0 0 Centrally 61ndedhigherand technical educationinstitutions under the purviewof c and not to any of a collegewhich is not ded and maintainedby I theUGC However the StateGovemmentcould adoptthe decisionfor revising the Z age ll We have heardleamedcounselfor theparties andperused therecord I L0 12 Learned counsel for the petitioners submittedthat thoughrevision of Z age as per letter dated 233 2007 was initiallyapplicable to Centrallyfunded CO higherand technical educationinstitutionscomingunder the pwviewof this 7z ministryin order to overcome the of teachers theeffect of letterdated CL 31122008 para vl was to eend the same to all State universitiesand collegesalso The State Govemmentshavingtaken financial assistanceof the Central Goveent and havingoptedto the revised pay scales could not reject revlslon of age of as the Stategovemmentshad to implement the schemecontained 111letter dated 31 122008 asa compositeschemewithout any modification In supportof the said submission reliance has been placedon judgmentof learned SingleJudgeof Patna High Court dated 2082010 in CWP Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 402 CWl 9665of2010 e No 11348of2010 DreSunityPandeyand others ve the StateofBihar and others and of leamedSingleJudgeof JharkhandHighCourt dated 1012011 in WP 6 C9 N0363 of 2010 DrMaheshwar Tiwaryand others v The State of Jharkhandand others Jn the context of PanjabUniversityit was submittedthat thoughthe Universitywas establishedunder the StateAct ie PanjabUniversity Act 1947 it became inter statebodycorporateunder the Punjab Act 1966 Maintenanceand grantsare to be sharedand paidby concemed States asper directive ofthe Central Govemment The Vice Chancellorofthe University C lIl themeeting held on 2962010 informedthat theUniversity has beenconsidered 0 to be a Centrally81ndedinstituteunder section20d9Oiv9ofthe CentralEducational 0 Institutiorservation in Act 2006 0CEI 2006 Acterence has I 0 also beenmadeto theopinionofthe AttomeyGeneral dated26102010 as underl I It cannot be forgotten that thePunjabUniversity is one of the Z oldest Universities in the countrybeingestablishedin 1882 at Lahore as East PunjabUniversityAfter partitionthe er University was remestablished in India on Ist October 1947and C0 afterworkingat different placesfinallymoved to Z 1111956 The Ministryof I is rightlyconcemed in seeing that this institutionis not starvedof 81nds 93 QO a A letter 8om Additional to Chairman UGC dated l 112010 has also Z beenred to thefollowing effectl Om 2 The matter has since been revisited The Central Government has obtained the opinionof leamed AUomey General for lndia copy enclosed9 who has held that the earlier View of the Central Govemment based on which the Central Goveent had indeedfiled certain affidavitsbefore courts of law in matters conceming PunjabUniversitywas erroneous This opinionofthe Attomeygeneralfor India paves theway to not only61ndPunjabUniversity for the purposeof expansion Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 403 CWP 665of 2010 J 5 for the CEI Act 2006but also enabling UGCto stan meeting the financial needsofPunjabUniversity it was submittedthat thoughearlier the PanjabUniversity was held not to be Central or Centrallylnded universityin the judgmentof this Court in DreACJulka and othersv PunjabUniversityand tohers 008 7 SLR 198 the situationhasnow changed 130 Itewas pointedout that the Central govemmentin an affidavit 61ed beforeMadhya PradeshHighCourt in similar writ petitions has taken a standthat the schemedated31122008 was to the Statesand State 0 Universitiesfor beingeligiblefor Central assistanceAffidavit of the U Central Governmenthas beenfiled as AnnexurePA in CWP No16357 of2010 I t5 14 Learnedcounsel for the State and the State universitiesother than I Panjab opposed thesubmission It was statedthat the decisionof the Z CentralGovernment dated 2332007 to revise the age of to 65 r1 years was only to CentrallySlnded higherand technical education I instibltionscomingunder the purviewof this ministryin order to overcome the Z of teachersl Letter dated31122008 provided that the schemecould be CQ extendedto States provided StateGovemmentswish to adoptand the scheme Thus till the StateslStateuniversitieswished to adoptthe schemeof Z Oa revlslon of age of therewas no automaticrevision of age of superation Leuer dated31122008 was onlyaddressedto UGC letter dated202009 8om the UGC to the StateGovemmentswas on thesubject ofreimbursementofflnances involved Similar is the positionwith regardto leuer dated 1152010 The 2010 Regulationsalso did not revise the age of exceptin relation to Centrally inded higherand technical education instiOltions comingunder the purviewof this ministryin order to overcome the shortageof teachers In such a situation it vvas for the State L 16pO Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 404 CWP 365of 2010 1 4 Governts and the State Universities to take a decision to revise the age of It in absenceof which the age of was as prescribed lIl the rules View taken in the of Jharand and PatnaHigh Courts could not be followed in view ofjudgment ofthe Honble SupremeCoun in BeBharat Kumar and others v Osmania Universityand others 620079 11SCC 58 which has been followed by Division Bench of this Court in Dre AaCeJulkae Thisbeingthepositionin absenceofconflict in theUGC Regulation and decision of the State contention of beingcoveredunder F 66 ofList I and j r thus overriding the Statelegislationdid notanse as held in similar situationby 0 Honble the Supreme Court in Be Bharat Kumar and bythis Court in Dre AeCe 0 Julka Distinctionpointedout that when the issue was consideredin B Bharat 49 Kumar and Dre AeCeJulka the decision was onlyexecutivedecision andnow the same hasbeen formalizedas a statutoryprOVlSlonby way of Regulation under Z sectlOIl 26 of the UGC Act 1Snot significantThe Regulationitself limits the e2 applicability ofthe revisedageto Centrally fundedhigherand technicaleducation I institutionscomingunder the purviewof this ministry orderto 111 overcome the z of teachers leavingthe issueof extensionto other institutionsas per c0 letterdated112010 Regulation 2319 meo 2 15 Leamed counsel for the Panjab submitted that the Panjab was not a Central as earlier held by this Court in DreAeCJulka and the revised age of superation was not automatically applicableHowever on account of certain the issue whether it was Centrally81ndedwas a debatableissue and matter in this regard was pendingwith the Central Govemmentand the said university will abide by such decision as may be takenbytheCentral Govemment At this stagethe Panjab Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 405 CWP 665of 2010 1 1 did not wish to take any particularstand whether it was centrally or not as the said issue is still to be decidedby the CentralGovernment 16 counselfor the CentralGovemment statedthat he has no insuuctionsin the matter 17 In view of rival contentionsnoticed above we proceed to deal with thequestions referredfor our Rel al Deemed amendmento the statutorv rules bv virtue ofscheme dated 31e121008 1r 18 The scheme dated 31122008 refers to revlSlOn of age of 04 vide letter dated2332007 which applies to Centrallyfunded I and technical educationinstitutionscomingunder the purviewof this 0 ministry in orderto overcome the of teachers As per subpara6p9of 2 para 8 the schememay be extendedto other institutionswho wish to adoptthe 2 Clause6g9ofsub para pl Oprovides that centralassistancewas subject to same 0 the schemebeing as scheme Thus the saidschemedoes I t not envisageautomatic revision of age to all institutionsunless the State Z Govemmentswish to adoptthe same Iftheydo not wish to adoptthe same it may QO haveramification on central assistancebeingprovidedas mentioned therein W2 Z of the said schemein doesnot change its character as the 0 also provides thatthe schemedoes not extendto all the ltlstitutions unlessextended as per para 23 The matter was consideredbythe Honble SupremeCourt with regardto similar scheme dated 2731998 and the scheme was held to be voluntaryThe contention that the scheme must be implemented as a composite one was rejectedContention with regardto applicability of Entry 66 of List I was also rejectedWe may quotebelow the relevant part of letter dated 2731998 interpreted by the Honble Supreme Coun 1 jo e tll Radhika 2014.07.01 11: 40 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 406 CW 9665of 2010 S1 and relevant part of letter dated 31121998 which we have to interpretfor companson Letter dated 2771998 Letter dated 3101201998 4 The