ea 412 r 1 1 44 4 4 IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIG eJ CWP Noe9665of2010 Date ofdecision 4 3Ol l Prof SSBindra and others mPetitioners Vs The StateofPunjaband others 2espondents And connected petitionsbeingCWP N0e1392of 2009 CWP Nose12681297 1324 1932 2661 3803 4583 to 4585 4607 461771767321882394659773 i 10 116 11972 12603 12604 12736 12882 13117 14265 14277 14604 Ct 14 001 15447 15463 15508 15624 15880 16185162231635716961 17140 171551716317400 17545 18837 1908719152192561950118508 0 18 19 19 19699 19749 19841 19908 19935 20036 20225 20226 72 20750 20854 21135 to 21137 21159 21240 21241 22449 22673 22736 22818and 23003 of2010 I AND 5 I CWP Nos184 345 585 838 896 897 1001 1304 1386 1429 1495 1618 178220653391 3464 8 3492 of2011 Z CORAM HONBLE MR JUSTICE ADARSH KR GOEL HONBLE MRe JUSTICE AJAY KUMAR MITTAL I Present Dr BalramGuptaSr Advocatewith t Ms Anamika Negi Advocate6inCWP Nos665 15463 15508 Z 15624 17545 19087 19256 21159 22818 of 2010 and 1495 8 346412011 cio Mr BM SinghAdvocate and 7 Mr AnshulJoy Advocate CWP Z 20296 to 20298 21136 8 23003of2010 and 14298 3492 of20119 C Mr SarjitSinghSr AdvocateWith Mr Vikas SinghAdvocate6inCWP Nol4265 and 19841of20101 Mr RlC Malik Sr Advocatewith Ms Komal SharmaAdvocate CWP Nos176 8823 12603 to Mr Arun Nehra Advocate in CWP Mr RD Anand Advocate l CWP No1297110 Mr Padam Kant Dwivedi Advocate in CWP me Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 3 9854 413 CWP 65 of 2010 4 Mr ManojChahal Advocate n CWP Nos19501 20226 21135 e 21240 8i Mr SS Salar Advocate CWP No10616 20613 of 2010 8 184111 Mr Atul Kaushik 2cMmjitSinghAdvocates in CWP Mr am Advocate oinCWP Mr NS BhardwajAdvocate 1 CWP No0693110 Mr AlC Bishnoi Advocate in CWP No20422110 1 1 Mr Kewal Kumari Advocate l CWP NosS4651108513041111 0 Mr SaurabhArora Advocate6in TPNos21241110853391111 1 0 0 Mr Subhash a Advocate 1 CWP No38611 19 I C5 Ilr Ashok SehgalAdvocate6inCWPN05851119 Mr SudhanshuMakkar Advocate Z in CWP No392109 Mrlllilesh Advocate in CWP Nos 1932 20728 8 20729 r of2010 I 1 Mr S1C Tamak Advocate CWP Nos1324 11972 21137and 2 227360f2010 Z Mr SC Arora Advocate OO in CWP Nos19935110Ec89611 7 Dr SuryaPrakh Advocate in CWP Nos1268 2661 Z 4583to 4585 4607 4617 and 19908of2010 for Clm Mr JaswinderSinghDAG Punjab MreAnupamGuptaAdvocatefor PanjabUniversity Mr SC Sibal Sr Advocatewith Mr V Rana Adv for Kshetra lrsity Mr Amrit Pal Advocatefor GuruNanak Dev Mr NR DahiyaAdvocate and Mre Amit Rao Adv for Mr SlC Shanna Adv for UGC Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 414 CWPI 65of 2010 1 7 Mr AshwinieBansal CentralGovt Counsel Mrs KamlaMalik CentralGovt Counsel Mr RajdeepS Cheema Advocate for 11 Ee12 in CWP No12736110 for 8 10in CWP No131 17110 for No3 in CWP No16185110 for respondent Nos7 8e 10 in CWP Nol8575110 for No6 in CWPNo19749110 for 8 6 in CWP No0036110 Mr HemenderGoswamiAdvocate J for in CWP No896111 n8 1 Mr SC NagpalAdvocate 1 for ce 6 in CWP N67321110 c C for No6 in CWP No12882110 3 0 Adarsh Kumar GoelJ C5 1e This order will dispose of a bunch of 100petitions mentionedabove I Accordingto leamed counsel for the all the writ petitionsinvolve Z common questionrelatingto claim of the writ petitioners for revision of age of retirementto 65 years The said claim is based on letter dated31122008 of the 0 I Government of India addressed to the UniveisityGrants Commission JGC9 followed by letter of the Govemmentof India dated1152010 to the Education Z Secretaries of all State Govemmentsand riotification of Grants 0 1 Commission for of teachersand other smeo Z Academic Staff 111 Universities and Collegesand other Measures for the Il Maimenanceofstandardsin Higher 2010 2 A bunch ofpetiti6ns came up for hearing before leamed SingleJudge who vide order dated 4102010 referred the matter to the Division Bench as followsle U eee3 Since the flnal outcome of these cases 1S likely to have far reachingrepercussions including some unpacton other Stateservices 1lK 41 s l 4 Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 415 CWP 365of2010 4V also it appearsinteralia that thefollowingimpo questions of law needto be bya largerbenchl a1 Whether the service conditions includingthe age of retirement prescribedin the stahnoryservice rules 8amed under provisoto Article 309 of the Constitution or under a statute can be deemedto have been amended by virtue of the CircularlScheme dated 31122008 issuedbythe GovernmentofIndia2 b9Whether the Govemment of India is coetent to command the StateGovemmentslUniversities to lncrease the age of retirementof a sectionofthe m C4 c9Whether the Stateshaveany 1aw811 to bargeinto the field 0 of Education when thesubjectmatter iSdirectlyreferableto Entry Co 66 ofList I Union List or Entry25 ofthe List III ConcurrentList I Ca9 only2 I d What will be the impact ofthe GovemmentofIndia Schemeorthe Z UGC in the case of teachersworking ln theinter state Universities like Panjab C4 e What is the scope of Statutory powers of UGC and whether such I powers would include the to lay the C3 Z conditions ofservice including the ageofretirement2 m 4 Admittedto DB Let the recordsofthesecases be placedbeforeHonble the Chief Justice for enlisting them before an Bench on W2 Z 15112010 CL XX Xxx XXX XXXX Accordinglythe matters have been placedbefore this Bench Several other wnt petitions filed alter the 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 the petitioners is thattheyare teachingin diHerent of Guru Nanak Dev University6UO Their age 1S 1 1 re Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document CWP11665012010 as per rules The Govemment of India appointed Sixth Pay Commission on 5102006to considerthe demand6f the CentralGovemment for increasein salaryand of her serviceconditionsThe said Commission gave itsreport on 2432008 which was approved by the Union on 1482008 The UGC an expertcommitteeto consider the claim of the teachers in Universitiesand collegesfor revision of pay scales and otherallied issues headedby Prof GKChadha The Committee gave its report revision of pay scalesand of ageeof to 1C rneet the situationarisingout of shortage of teachersand to auract eligiblescholws 0 to the to improve the standard6f tlualityof highereducation 0 Thesaid Commiueealsorecommended of retiredteachersuptothe I C9 ageof70 years I 4 Based on consideration of the saidreportthe Govemment of India Z vide lettersdated233 007 conveyed its decisionlo revise age of 0 of all personsholdingteachingposition as on 1532007 to 65 years and also 0 provided for of such teachersup e ageof 70 years The said age Z was to Centrally funded higherand technical education institutions OO coming underthe purviewof this ministryin order to overcome the shortageof 72 teachers ThereaRer vide letter dated 31 22008 Annexure P3 scheme for Om revisionofpayscaleswas bytheMinistryof to theUGC Therein lSSue of age of also Sguredin para 860The said para alongwith subpara0p9ofpara8 are belowl 8 Other terms and conditions a to e1eXXXX XX xx XX f9Age of Superannuatione i9inorder to meet the situation arisingout of shortageof teachers in universities and other teachinginstitutionsand Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 417 11 CWPI 65of 2010 the consequentvacant positionstherein the age of superation for teachers in Central Educational instinltion has alreadybeen enhancedto sixtyflve yearsvide the of highereducation letter NoFNo l 1912006U1I dated233 2007 for those involved in class room teachingln 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 auotized the CentralUversities vide 1 of highereducationDO letter NoF412006 Desk 6U 4 lZ dated 3032007to enhance th6 age of of 0 Vice chancellorsof CentralUnirsities from 65 yearsto 70 0 years subject to amendmentsin the respective statutes with the approvalof the in the case C5 of CentralUniversities I et ii9 subjectto of vacant p6sitionsand fltness Z teachersshall also be re employed on contract 2 0 beyond the age of sixtyflve years uptothe age of seventy years beyondthe age of shall howeverbe done for a limitedperiodof Z J threeyears in thefirst instanceandthenfor another lrther T periodof two yearspurelyoti the basis of merit Ol area of merit experiencearea of and peer a7 Z groupreview and onlyaginst available vacant positions without affectingselectioli or prospectsof 1 eligible teachers Whereas the enhancementof the age of for teachers engagedin class room teachingis intended to attract eligiblepersons to a career 111teachingand to meet theshortageof teachersbyretaining teachersin servicefor a longerperiodand whereas there is no shortagein the of librariansand Directors of PhysicalEducation the increasein the age of from the present Iwesrrl Ii Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 418 CWPI 650f2010 sixtytwo years shall not be available to the of 5 LibrariansandDirectorsofPhysicalEducation XX XY XX XXX XXX plApplicabilityof the Schemel i9This scheme shall be applicableto teachers and other F 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 1 of the revisedscalesshall be subjectto the r of all the conditihs motioned in this leuer as 0 well as to be framedbythe UGC in this behalf CAO Universities thi6scheme shall be advised by I C5 the UGC to amendtheir relevlmt statutes and ordinancesln I line with the UGC to amendtheir relevant statutes and ordinances111line with the UGC within three Z monthsfrom the dateofissue ofthis letter C ii9to ivl xx Xx Xx XX I v This schememay be exteilded to universitiescolleges Z and otherhighereducationalinstimtionscomingunder the purviewof State provided State Governments CtO wish to adopt and implementthe scheme subjectto the 1 7 followingterms and conditions Z al Financeassistancefrom the CentralGovemmentto CL StateGovernmentsopting to revisepay scalesofteachers and other cadre covered under the Scheme shallbe limited to the extent of 800Io6eighty percent of the additional expenditure involved 111 the ofthe revision 1 b1The state GovemmentoIoting for revision of pay shall meet the remai 20Io twenty percentoof the additionalexpendihue from its own sources J ev e441Wemwu In z 1 44 Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document CINP4 19 65 of 2010 8 N t c9to fl xx XX XXX XXX XXX gl Paymentof central aSSlstance for this scheme is also subjectto the condition that the entire scheme of revision of pay scales togetherwith a1Ithe conditions to be Iaid down by the UGC by way of 1 and other guidelines shall be by State Govemments and universitles and colleges comlng under their jurilictionas a composite scheme withoutany modificationexceptin regardto the date of and sces of pay mentionedherein 1 W above supplled r 1 5 The UGC vide letterdated2822009 AnnexurePA addressedto 0 0 Education Secretariesof all the StateGovemdlents that the State I C0 Govemmentsmay initiateimmediateaction for of schemeof I reVlSlOn of pay in a tlme bound manner The letter also referredto the issue of Z enhancementof retirement age The State of Punjabvide notificationdated 292009 revisedthepay scalesofteachersand cadresin theuniversities I and collegesof the State wef l 2006 6exure P51 as per letter dated C2 31 122008 AnnexureP3 and also stated that Ihescheme wiIl be applicable 00 subject to acceptanceofconditionsmentionedin the said leuer 3 6 CWP No6370 of 2009 JagirSinghKahlon and others v Stateof Z0 L1 Punjab and aother was flledin thisCourt a directionforrevisionof age of retirementas per notiflcationdad 31 122008 and this Court vide order dated 6A2010 directed the State Govemmentto take a conscious policy decision Thereaiter vide letter dated1152010 Amexure P3 theMinistryofFDD wrote to the StateGovernmentsabout the 1SSUe of revision of pay scale Referring to letter dated 3 11 2 2 008 it was mentioned that the scheme could be extended to institutionsunder the StateGovemmentsprovidedState Governmentswish to adoptand implementhe Scheme It was er mentionedthat as per the said J P4 Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 420 CWPI 65 of 2010 rtter the State Governments are requiredto implementhe scheme as a e one includingthe age of superation mentionedin para 80 of this letter dated31122008 together with all the conditionsspeciSed orto be by UniversityGran Commission UGC9by and other guidelines 7 ThereallerUniversityGrants Comlission 6Minimum for ofteachersand otherAcademicStaffin UniversitiesandColleges and other Measures for the Maintenance of standards in HigherEducationl 1 C 2010 were notifled vide notification dated 3020 10 published 111 O azette of India dated 1892010 The said have been 8amed by UGC U I under Section26 of theUGC Act 1956 and are applicable to Centralas well as 0 StateUniversities and affiliated collegesPara 2 providesthat for rnaintenanceof standardsin highereducationshall be as provided in the Annexure Z TheAnnexure containsinterealiafollowing r I U20 The revisedscalesof pay andotherserviceconditionsincluding age of superation in Central universities and other institutions Z maintained andlor funded by the UniversityGrants Commission UGC9 shall be strictlyin accordancewith the decision ofthe Central C Government MinistryofHuman Resource 7 Z ofEducation as containedin Appendix 2e3a1The revised scales of pay and age of superation as provided lll Clause2O above may also be xtended to Universities colleges and other highereducationalinstitutionscomingunder the purviewof the State Legislatureand maintained by the State Govemments subjectto the of the scheme as a composlteone ln adherence of the terms and conditions laid down in the MOUO notifications providedas AppendixI and in the M letterNoF e1 71201020II dated 11 May 2010 with all conditions speci6edbythe UGC in theseRegulations andotherGuidelines 4enmVWIe0 Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 421 CWPI 65 of 2010 V I is letter dated 31 122008 Thoughthe Baba Farid Universityof SciencesFaridkot revised the age of superation to 65 yearsinspiteof directionof the Central Govemment that assistanceto the StateGovemment will be only if the pay scales were revised as per scheme which was one includingthe age of superation te State Govemment and the State Universities failed to revise the age of to 65 yeaTSe Accordingly case 1S made out for issuance of direction to complywith the mandateofthe UGC byrevisingthe age to 65 years t 8 In the replyfiled by the Stateof Punjabthe standtakenis that the 0 matterof revision ofage of superation was referredlo a Committee The said 0 1 Committeein its meeting held on 2962010 observedtht therewas no shonage of 0 qualified teachersin the Stateandtherewas no needto enhancetheexistingageof retirement the State Govemment appliedfor relaxation of Z instructionsof the Central Govemment dated 1152010 vide leuer dated 1082010 Letter ofthe Goveent ofIndia onlyrelated to conditions for grant I L3 of flnancial assistancewhich is a matter between the StateGovemment and the 1 Z Central Govemment Since the enhancement of ge has serious financial 01 the State Govemmenthas not the revlSlOn of age The va z Central Govemment has not givenany assistancealter 1A010 Letter dated 1 31122008 is based on letter dated2332007 which was applicable to Centrally 61ndedhigherand technical educationinstitutionscomingunder the purviewof this ministryin order to overcome the shortage of teachers and though as per letter dated 282009 followed by letter dated 1132010 the same could be extendedto the Statesand Stateuniversities reimbursementwasto be applicable only if the StateGovemmentsimplemented the scheme as a compositepackage providedState Govemments wish to adoptand implementthe scheme The Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 422 CWP No of2010 was not ofautomatic revision ofage The Regulations adopting leuer dated 31 122008 were also accordinglylimited in their applicability and the revised age was not applicable unless specificallyextendedto the State Goveents and State universities Thus the petitionwas liable to be dismissed 9 Stand of the Universityis that as per service rules adoptedby the Universityage of retirementwas 60 and the saidrules have not been 1 andthusprayer in thepetitioncould not be accepted m Q 1 10 Standof the UGC is that the revision of agewas applicable onlyto 0 0 Centrally81ndedhigjlerand technical educationinstitutionsunder the purviewof and not to any employee of a college whichis not fundedand maintainedby I theUGC However the StateGovemmentcould adoptthe decision for revisingthe Z ageof superation 1 1 r 11 l We have heardleamed counselfor theparties andperused the record C 12 Leamed counsel for the submittedthat though revisionof Io Z age as per letter dated 2332007 was initlallyapplicableto Centrally61nded Cn higherand technical education institutionscomingunder the purviewof this aw z ministryin order to overcome the of teachers the effect of letter dated 312 2008 para 86vl was to extendthe same to 1all State universitiesand collegesalso The State Govents havingtaken financial assistanceof the Central Govemment and havingoptedto the revised pay scales could not reject revlSlOn of age of as the Stategovemmentshad to implement the schemecontained lll letler dated 31 122008 as a comp6siteschemewithout any modiflcation In supportof the said submissionrelnce has been placedon judgmentof learned SingleJudgeof Patna High Court dated 2082010 in CWP Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 423 CWPI 65 of 2010 4 No 11348of2010 DreSunityPandeyand others ve the StateofBihar and others ofleamed SingleJudgeofJharkhandHighCoun dated102011 111 WP C9 N0363 of 2010 DreMaheshwar Tiwaryand others ve The State of Jharkhand and others In the context of PanjabUniversityit was submitted that thoughthe Universitywas establishedunder the StateAct ie PanjabUniversity Act 1947 it became inter state bodycorporateunder the PunjabReorganization Act 1966 Maintenance and grantsare to be sharedandpaidbyconcerned States asper directive of the Central Govemment The Vice Chancellor of theUniversity m 0 in themeeting held on 2962010 informedthattheUniversity has beenconsidered 0 to be a Centrally 8mded instituteunder section2 Il ofthe Central Educational 0 Institutions in Act 2006 6CEI2006 Actl Referencehas I C5 alsobeenmadeto theopinionofthe AttomeyGeneral dated26102010 as underl I 1 Z It cannot be forgotten that thePunjabUniversity isone ofthe oldest Universities in the countrybeingestablishedin 1882 at r Lahore as East PunjabUniversity After partitionthe I University was restablished in India on Ist October 1947and afterworkingat differentplacs flnallymoved to 5 Z lIl 1956 The Minishyof I4RD is rightlyconcerned in seeing that this institutionis not starv6dof 81nds 91 0 7 A letter from Additional Secretary to Chainnan UGC dated l112010 has also Z 2 beenreferredto thefollowing effectl 1 Om 2 The matter has since been revisited The Central Govemment has obtained the opinion of learned Attorney General for India 6copyenclosed9 who has held that the earlier Vlew of the Centr Government based on which the Central Govemment had indeedfiled certain affldavits beforecourts of law in matters concerningPunjabUniversitywas erroneous This opinionofthe Auomeygeneralfor India paves the wayto not only fund PunjabUniversityfor the purpose of expansion 1 Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 424 CWP 65 of 2010 1 requiredfor the CEI Act 2006but also enabling UGC to start meetingthe financial needsofPunjabUniversity Accordinglyit was submittedthat thougheaHier the PanjabUniversity was held notto be Central or Centrallyfunded university in thejudgment of this Court in DreACJulka and others ve PunjabUniversityand tohers 00817 SLR 198 the situationhasnow changed 13 It was pointedout that the Central governmentln an affidavit filed beforeMadhya Pradesh HighCourtin similarwrit petitions hastakena standthat m the schemedated 31122008 was to the Statesand State 0 for beingeligiblefor Centralassistance Affidavit of the U 1 Z CentralGovernmenthasbeen filed as Amexur PA in CWP No16357 of2010 C 14 Learnedcounsel for the State and the Stateuniversitiesother than 1 Panjab opposed thesubmission It was statedthatthedecisionof the Z Central Government dated 2332007 to revise the age of to 65 years was onlyto Centrally8lnci higherand technical education 1 I 1 institutionscomingunderthe purview of this ministry in order to overcome the Z shortage ofteachers Letter dated that the schemecould be ClO extendedto States providedStateGovemmentswish to adoptand implement the scheme Thus till the StateslStateuniversitieswished to adoptthe scheme of Z 11 reVlSlon of age of therewas no automaticrevision of age of Letter dated3122008 was onlyaddressedto UGC letterdated2022009 from the UGC to the StateGovemmentswas on the subject ofreimbursementoffinances involved Similar is thepositionwith regardto letter dated 115010 The 2010 also did not aumaticallyrevlSe the age of exceptin relation to Centrallyfunded higherand technical education institutions comingunder the purviewof this ministryin order to overcome the shortageof teachers In such a situation it was for the State e v 5444427447 Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document and the State Universities to take a decision to revise the age of in absenceof which the ageof was as prescribed in theapplicable rules View takenin the of Jhaand md Paa High Courts could not be followed in Vlew ofjudgmentofthe Honble Supreme Court in Be Bharat Kumar and others ve Osmania University and others 62007llSCC 58 which has been followed by Division Bench of this Court in Dre AeCeJulkae l This beingthepositionin absence ofconflict in the UGC Regulation and decision 1 of the State contentionof Regulationbeingcovered underEntry66 of List I and m 0 thus overriding the Statelegislationdid not arlse as held in similar situationby 0 Honble the Supreme Court in Be Bharat Kumar and bythis Court in Dre AeCe C43 I Julka Distinctionpointedout that when the lssue was consideredin Be Bharat t9 Kumar and DreAeCeJulka thedecisionwa6onlyexecutive decisionand now the same has been formalizedas a statutoryprovisionby way of under Z section 26 ofe UGC Act 1S not signiflcantThe Regulation itself limits the 2 of the revised ageto Centrally8mdedhigherandtechnicaleducation I institutionscomingunderthe purviewof thi6ministry 111orderto overcome the Z shortage of teachers leavingthe issueof extension to other instltutlons as per m letterdated115 010 egulation2319 Vm2 2 15 Learned counsel for thePanjab submittedthat the Panjab 0 was not a Central as earlier held by this Court Ul DreAeCeJulkaand the revised of age was not applicableHowever on account of certain the issue whether it was Centrally81ndedwas a debatable1SSUe and matter in this regard was pendingwith the CentralGovemmentand the said Unlversitywill abideby such decisionas may be uden bythe Central Govemment At this stagethe Panjab 1 Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 426 1 CWP S650f2010 r University did not wish to take any particularstand whether lt was centrally Slnded or not as the said issue is still to be decidedbythe Central Govemment 16 Learned counsel for the Cenual Govemment stated that he has no instructionsin the matter 17 In view of rival contentionsnoticed aboe we proceedto deal with 1 thequestions referredfor our adjudication Re2 al Deemed amendment to the statutorvrules bv virtue of schemedated 3101202008 1 1 r 18 The scheme dated 31122008 refers to revlSlOO of age of 0 0 vide letterdated 2332007 which applies to Centrally Slnded I C5 higherand technical education institutionscomingunder the purviewof this I minisUyin orderto overcome the shortae ofteachers As per sub para oolof Z para8 the schememay be extendedto other institutionswho wish to adoptthe san Clause g9of sub para 0096v9provides that centralassistancewas subjectto C the schemebeing as compoe schemeThus thesaidschemedoes not envisageautomatic revlSlon of ag to all institutionsunless the State Z may 0 have ramiflcationon central assistancebeingprovidedas mentioned therein Z Adoption of the said scheme in regulation doesnot change its character as the Qe regulation alsoprovidesthatthe schemedoes not extend to all the J institutionsunless extended as per para231 The matter was consideredby the Honble SupremeCourt with regardto similar schemedated 271998 and the scheme was held to be voluntaryThe contention that the scheme must be implemented as a compositeone was rejectedContention with regardto applicability of Entry66 of List I was also rejectedWe rnayquotebelow the relevant part of letter dated 2771998 ireted by the Honble Supreme Court llJ 1 II Pooja 2014.07.01 10:07 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 427 CWP 165of 2010