1 425 P4 IN THE HIGH COURT OF PUNJAB k2 1 CWP Noe9665of2010 Date ofdecision 43201 1 Profe SSBindra and others ePetitioners Vs The State ofPunjaband others Respondents And connected petitionsbeingCWP N01392 of 2009 CWP N0se1268 1297 1324 1932 2661 3803 4583to 4585 4607 46177176 7321 8823 9465 9773 10616 11076 11972 12603 12604 12736 12882 13117 14265 14277 14604 m 14693 15001 15447 15463 15508 15624 15880 16185 16223 16357 16961 C 18508 0 18575 19596 19693 19699 19749 19841 19908 19935 20036 20225 20226 Co 21135 to 21137 21159 21240 21241 22449 22673 22736 22818 and 23003 of2010 I AND C5 CWP Nosl84 345 585 838 896 897 1001 1304 1386 1429 1495 1618 1782 2065 3391 3460 3492 of2011 Z CORAM HONBLE MR JUSTICE ADARSH Kt GOEL C HONBLE MR JUSTICE AJAY KUMAR MITTAL I Presentl Dr Balram GuptaSr Advocatewith Ms Anamika Negi Advocate n CWP Nos665 15463 15508 Z 15624 17545 19087 19256 21159 22818 of 2010 and 1495 346412011 Co Mr BM SinghAdvocateand W2 Mr Anshul Joy Advocate 6inCWP Nos 7321 12882 14693 1500 Z 20296 to 20298 211368523003of2010 and 1429 3492of201 11 0n Mr SarjitSinghSr Advocatewith e Vikas SinghAdvocate6inCWP No14265 and 19841of20109 r Mr RK Malik Sr Advocate with 4e P Ms Komal Shanna Advocate In CWP Nos176 8823 12603 to 12604158801696118837191520f2010 Mr Arun Nehra Advocate in CWP 4e Mr RD Anand Advocate6inCWP No2971101 Mr Padam Kant Dwivedi Advocate in CWP N017140110 4 e e Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 79 71 p426 165012010 2 1 0 Mr Manoj Chahal Advocate CinCWP Nosl9501 20226 b11 21240 8c Mr SS Salar Advocate 6inCWP Nol0616 20613 of 2010 184111 1 Mr Atul Kaushik ManjitSinghAdvocates in CWP No226731109 Mr AnupamAdvocate in CWP No171551109 Mr N BhardwajAdvocate in CWP Mr AlC Bishnoi Advocate0nCWP 1m Mr Kewal Kumari Advocate l CWPNos9465110 13041119 Mr SaurabhArora Advocate l CWP Nos1241110 Ec3391111 0 0 Mr Subhash a Advocate 1 CWP N013861119 I 0 Mr Ashok SehgalAdvocate in CWP No8511 19 I Mr SudhanshuMakk Advocate Z in CWP Mrlllilesh BhardwajAdvocate CWP Nos 1932 20728 20729 of2010 I Mr SlC Tamak Advocate n CWP Nos1324 11972 21137 and C3 227360f2010 Z Mr SlC Arora Advocate m in CWPNos19935110e 896111 V7 Dr SuryaPrakash Advocatin CWP Nos1268 2661 4583to 4585 Z 4607 4617 and 19908of20109 for Clm Mr Jaswinder SinghDAG Punjab Mr AnupamGuptaAdvocate for PanjabUniversity Mr SC Sibal Sr Advocate with Mr VS Rana Adv for KurukshetraUniversity Mr t Pal Advocatefor Gwu Nanak Dev Mr NeR DahiyaAdvocate and Mr Amit Rao Adv for Mr SK Shanna Adv for UGC L rn 1 e Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 427 CWP N 5of2010 0 MreAnie Bansal CentralGovt Counsel tlll MrsKamlaMalik CentralGovt Counsel Mr Rajdeep S Cheema Advocate 1 n for 11 8c 12in CWP No12736110 for Nos8 8 10 in CWP No1 17110 forrespondent No in CWP No16185110 810in CWPNo18575110 forrespondent No6 in CWP No19749110 forrespondent Nos 8 6 in CWP No20036110 Mr HemenderGoswamiAdvocate for No6 in CWP No896111 Mr SC NagpalAdvocate j for Nos 8 6 in CWP NoO32111084 for respondent No6 in CWP No2882110 0 0 Adarsb Kumar GoelJ I C5 1e This order will disposeof a bunch of 100petitions mentionedabove I According to learned counsel for the all the writ involve Z common relatingto claim of the writ petitioners for revision of age of retirement to 65 years The said claim is based on letter dated31122008 ofthe r Govemmentof India addressed to the UniversityGrants Commission GC9 followed by letterof the Govemment of India dated 1132010 to the Education Z Secretariesof all State Govemments and notification of UniversityGrants m Cossion Minimum Qualificationsfor of teachers and other 3 Z Academic StafY in Universities and Collegesand other Measures for the 11 Maimenanceofstandardsin Higher 2010 2 A bunch ofpetitionscame up for hearingbefore leamed SingleJudge who vide order dated 4102010 referred the matter to the Division Bench as follows 443 Since the Snal outcome of these likely to have far cases 1S reachingrepercussions including some lmpacton other Stateservices 5 1 O 4 r 9 e9e7 0 4 f Sr2 1 Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document rr 428 CWP 65 of2010 4 1 also it appearsintelia that the followingimportant questions of law 1 0 j needto be bya largerbenchle t a1Whether the service conditions includingthe age of retirement tn in the stry service rules framed under provisoto Article309 ofthe Constitution or under a staoe can be deemedto havebeen amended by virtue of the CircularlScheme dated 3112008 issuedbythe Government ofIndia7 b9Whether the Govent of India is competentto command the StateGoveentsIUniversities to increase the age of retirementof asection ofthe StIUniversity r c9Whether the States have any lawOll authority to bargeintothe Seld 0 of Education when the subject matter is directlyreferableto EnUy 0 66ofList I Union List or Entry25 ofthe List III Concunent List I C5 only2 I d9 What will be the impactofthe GovemmentofIndia Scheme or the Z UGC Regulations in the case of teachersworkingin the inter state 2 Universitieslike PanjabUniversityChandigarh2 0 e9What is the scope of Statutorypowers of UGC and whether such I powerswould include the authorityto lay the C Z conditionsofservice including the ageofretirement2 OO 4 Admitted to DB Let the recordsofthese cases be placedbeforeHonble the Chief Justice for enlistingthem before an Bench on 7 Z 151120107 r1 AX Xxx XXX Xxm Accordinglythe matters have been placedbefore this Bench Several otherwrit petitions61edaRer the order ofreference have also beenlisted for hearing 3 CWP No9665 of 2010 has been treated to be the main petitionon suggestion of leamed counsel for the partiesand pleadings are beingrefened to from the said petitionCase of the petitioners is that theyare teachingin different deptments of Guru Nanak Dev UniversityGNDU Their age 1S 1 t 0 0 n reV Ae IS O Se 1 1 Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWP r129 65 of2010 5 11 L1 O 6U ears as per rules The Govent of India appointedSixth Pay 1 d 1 Commission on 5102006 to consider the demand of the Central Goveent 1e for increasein salaryand of6ther serviceconditions The 1 1 f e saidCommission gave its report on 2432008 which was approvedby the Union t Cabineton 1482008 The UGC appointed an expertcommiuee to consider the claim of the teachersin Universities and collegesfor revision of pay scales and other allied issues headed by Prof GlCChadha The Commiuee gave its repon revision of pay scalesand enhancementof age of to meet the situationarisingout ofshortage ofteachersand to auract eligiblescholars e 0 to theteachg profession to improvethe standardof qualityof highereducation 0 The said Committeealso recommendedrevengagement of retiredteachersuptothe I C5 ageof70 yearSe I Z 4 Based on considerationof the said report the Govemment of India vide lettersdated2332007 conveyedits decision to revise ageof superation C of all persons holding teachingpositionas on 1532007 to 65 years and also c providedfor ofsuchteachers uptothe ageof70 years The said age Z was applicable tO Centrally61ndedhigherand technical education institutions m comingunder the pdrviewof this minishyin order to overcome the shortage of 7 z teachers ThereaRer vide letter dated 31122008 Annexure P3 scheme for Qm revisionofpayscaleswas conveyed bytheMinistryof to theUGC Therein issue of age of also figured in para 860The said para alongwith sub para cp9ofpara8 are reproduced belowl 8 Other terms and conditions2 a to eleXxxx r xx xx 0 Ageof i9in orr to meet the situation arisingout of shortage of teachersin universitiesand other lIlStitutions and W n5C n 1 e r Illvv d9 6161r 90 ot O5nl l o Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 430 CWPI 65of 2010 6 0 e the consequentvacant positionstherein the age of f 1 4 1 1 superation for teachers in Central Educational institutionhas alreadybeen enhancedto sixtyfive years vide 1 the of highereducation letter NoFNol 1912006mUlIdated 2332007 for those involved in cIass room teachingln order to attract eligiblepersons to the teachingcareer and to retain teachers in service for a longer period Consequenton upwardrevlSlOll of the age of of ters the Central Goveent has alreadyauorized the CentralUniversities vide of highereducation DO letter NoF12412006 Desk 6U0 r dated 3032007 to enhance the age of of 0 Vice chanceUorsofCentral Universities from 65 years to 70 0 yearssubjectto amendmentsin the respective statutes with I C5 the approval of the competentauority Visitor in the case I of Central Z ii subjectto availabilityof vacant p6sitionsand fitness teachersshall also be re employed on contract appointment 2 r beyondthe age of sixtyfive years uptothe age of seventy I years Reemploymentbeyondthe age of supeuation t0 shall however be done selectively for a limited periodof Z three years in the Srst instanceand then for another61rther OQ periodof two yearspurelyon the basis of merit area of merit experiencearea of specializationand peer en Z groupreview and onlyagainstavailable vacant positions without affectingselection or prospectsof eligibleteachers Whereas the enhancementof the age of supeuation for teachers engaged lIle class room teachingis intended to attract eligiblepersons to a career in teachingand to nieet the shortage ofteachersby retainingteachers in service for a longerperiod and whereas ere 1S no shortagein the categories of librariansand Directorsof PhysicalEducation the increase in the age of from the present e1 494171v4 l1 6 8e 0r r 11 4 5 Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 431 7 CWP A i5 of 2010 Y 1 twoyears shall not be available to the of e 1 SlXty r r e Librarians andDirectorsofPhysicalEducation Xx Xx XX XXX XXX p1Applicabilityof the Scheme2 5 0 This scheme shall be applicableto teachers and other cadres of Library and PhysicalEducation in a11the Central Universities and collegesthereunder and the institutions deemed to be universities whose maintenance expenditureis met by the UGC The 1 of the revised scies shaIlbe subjectto the Ct of all the conditions motioned in this Ietter as 0 well as to be framedbythe UGC in this behalf 0 Universities this schemeshall be advisedby I theUGC to amendtheir relevant statutesand ordinancesin C5 line with the UGC to amend their relevant statutes and I ordinances in line with the UGC within three Z rnonthsfrom the dateofissue ofthis letter C iil to ivl xx XX XX Xx I v1This schememay be extendedto universities colleges and other highereducationalinstibltions comingunder the Z purview ofStateLegislature provided State Governments QO wish to adopt and implementthe scheme subjectto the 7 following terms and conditions Z aJFinanceassistance8om the CentralGovemmento StateGovemmentsoptingto revisepay scalesofteachers and other equivalentcadre covered under the Scheme shall be limited to the extent of 80Io 6eightypercen of the additional expenditure involved in the ofthe revision b1The state Goveent optingfor revision of pay shall meet the remaining20Io otwentypercent of the additionalexpenditure from its own sources J n e V4 eA 1 8V 1 e Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 432 8 CWPI 55of 2010 nJ c1to f9xx XX XXX XXX Xxx t gl Paymentof central assistancefor this schemeis also subjectto the condition that the entire scheme of revision of pay scales togetherwith all the conditionsto be laid down by the UGC by way of and other guidelinesshall be implemented by StMe Govemments and universities and colleges comingunder their jurisdictionasa compositescheme without any modification exceptin regardto the date of and scales of pay mentioned herein m above supplied9 C 2 5 The UGC vide letter dated 282009 Annexure PA addressedto 0 Education Secretariesof all the State Govemments that the State C5 Governmentsmay initiate immediate action for of scheme of I revlSlOll ofpay ma time bound manner The Ietteralso referred to the issue of Z enhancementof retirement ageThe State of Punjabvide notification dated 2 c 292009 revisedthepay scalesofteachersand cadresin the universities and collegesof the State wef l2006 Amexure P as per letter dated 2 31 122008 Ann P and also stated that the scheme will be applicable subjectto acceptanceofconditions mentionedin the said leuer QO 3 6 CWP No16370 of2009 JagirSinghKahlon and others v Stateof Z 1 Punjabandanotherwas filedin thisCourt a directionfor revisionof age ofretirement as per notification dMed 3122008 and this Court vide order dated 6A2010 directed the State Goveent to take a conscioUS policy decision Therealter vide letterdated 1152010 Annexure P the MinistryofFIRD wrote to the StateGoveents about the issue of revision of pay scale Referring to letter dated 3 10122008 it was mentionedthat the scheme could be extended to institutionsunder the StateGoveents providedState Governments wish to adoptand implementthe Scheme It was er mentionedthat as per the said J P4 Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 433 1 65 9 CWPtl 35of 2010 11 1 1el t lett the State Governments are o imptementthe scheme as a 41 ln compositeone the ageof in para 860of this i letter dated311220089togetherwith all the conditionsspeciOed orto Il 1 be by UniversityGrants Commission UGCOby regulations and other guidelines7 7 ThereaiterUniversityGrants Commission Minimum Qualifications foppont ofteachers and otherAcademic Staffin Universitiesand Colleges andother Measures for the Maintenance of standards in HigherEducation 1 Regulations2010 were notiSed vide notification dated 306010 publishedin 0 Gazetteof lndia dated1892010 The said regulations have been framedby UGC 0 I under Section 26 of the UGC Act 1956 and are applicable to Central as well as C5 StateUniversities and affiliated collegesPara 2 providesthat for I maintenanceofstandards in highereducationshall be as providedin the Annexure Z TheAnnexure contains interealiafollowingprovisionsl r 21eO The revisedscalesofpayand other service conditionsincluding age I of in Central universities and other institutions Z maintainedandlor Slnded by the UniversityGrants Commission 6UGCIshall be strictlyin accordancewith the decision ofthe Cenual QO GovemmentMinistryofHuman Resource DevelopmentDepanment 7 Z ofEducation as containedin AppendixaI Clm 20301The revised scales of pay and age of superation as provided 111 Clause 21O above may also be extendedto Universities colleges and other highereducational institutions comingunderthe purviewof the State Legislatureand maintained by the State Govemments subjectto the of the scheme asa compositeone ltl adherence of the terms and conditions laid down in the M07D noti8cations providedas AppendixI and in the Ml letterNoF 712010eUII dated l l May 2010 with all conditions specifiedby the UGC in these Regulations and other Guidelines r1e9m ma 1 V ee Il 1 17Ie4 n n Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWp134 65 of 2010 10 r 5 0 Appndix I is letter dated 31 122008 Though the Baba Farid University of e4 P j SciencesFaridkot revised the age of superation to 65 years inspiteof SIl 5 f directionof the Central Govemment that assistanceto the StateGovemment will 1 4 1 be only if the pay scales were revised as per scheme which was ri composite one includingthe age of superation the State Goveent and the State Universities failed to revise the age of to 65 years Accordingly case ls made out for issuance of direction to complywith the mandateofthe UGC byrevisingtheage to 65 years j 8 In the replyflled by the Stateof Punjabthe standtaken is that the 0 rnatterof revision of ageof superation was referredto a Commiuee The said 0 I Committeein itsmeetingheld on 2962010 observedthat therewas no shonageof 0 qualified teachersin the Stateandtherewas no needto enhancetheexistingageof retirement Accordinglythe State Govemment appliedfor relaxation of Z insons of the Centml Govemment dated 1152010 vide leuer dated 1082010 Letter ofthe Govemment ofIndia onlyrelated to conditions for grant I c of financial assistancewhich is a matter between the StateGovemment and the Z Central Goveent Since the enhancement of age has senous financial OO the State Govemment has not adoptedthe revlSlOIl of age The 7 z Central Govemment has not givenany assistanceafter 1A010 Letter dated CL 31122008 is based on letter dated2332007 which was applicable to Centraliy Slnded higllerand technical educationinstitutions comingunder thepurviewof this ministryin order to overcome the shortage of teachers and thoughas per letter dated 2822009 followed by letter dated l l010 the same could be extended to the States and State universities reimbursementwas to be applicable only if the State Goveents lemented the scheme as a compositepackage providedState Goveents wish to ad6pt implement the scheme The 5 11 9 8 4 n I I Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWPNr1355of2010 11 0 The Regulationsadoptingletter 6 1 4 dated 31 122008 were also accordinglylimited in their applicabilityand the revised age was not applicable unless speciOcally extendedto the State Goveents 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 60 and the said rules have not been andthusprayer in thepetitioncould not be accepted 1 C 100 Stand of the UGC is that the revision of age was applicable onlyto 0 0 Centrally ded higlerand technical educaiion institutionsunder thepurviewof Ic and not to any of a collegewhich is not 81ndedand maintainedby I the UGC However the StateGovemmentcould adoptthe decision for revisingthe Z age rt 11 We haveheard leamedcounselfor thepartiesandperusedtherecord I 12 Learned counsel for the submittedthat thoil revision of Z age as per letter dated 233 2007 was initiallyapplicableto Centrallyfunded CO higherand technical education instibltions comingunder the purviewof this wm 2 ministryin order to overcome the shortage of teachers the effect of leuer dated 0 3122008 para 8V W9 to extend the same to all State universities and collegesalso The State Govemmentshavingtaken financial assistanceof the Central Govemment and havingoptedto the revised pay scales could not reject reVlSlOn of age of superannuation as the State goveents had to implement the scheme contained lll letter dated 31 122008 asa compositescheme without any modiflcation In supportof the said submission reliance has been placedon judgnentof leamed SingleJudgeof Patna High Court dated 20010 in CWP n 3ve lr cenrovn r 0n o 4 Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document cvvpr13635 of 2010 12 En ONo of2010Dr SunityPandeyand otherS Ve the StateofBihcr and others 11 I1 4 andjudg of leamed SingleJudgeof JharkhandHigh Courtdated102011 lll WP 0C9 N0363 of 2010 DreMaheshwar Tiwary and others ve The State of Jharkhandand others In the context of PanjabUniversityit was submiued that thoughthe Universitywas establishedunder the StateAct ie PanjabUniversity Act 1947 it became inter state bodycorporateunder the PunjabReorganization Act 1966 Maintenance and grantsare to be sharedand paidby concernedStates asper directiv of the Cemral Govemment The Vice Chancellor of theUniversity r 111themeetingheld on 2962010 informedthat theUniversityhasbeen considered 0 to be a Centrally 81ndedinstituteunder section2d9 9 ofthe Central Educational 0 Institutions in Admissior Act 2006 6CEI 2006 Ac Referencehas I C9 alsobeenmadeto theopinionofthe AttomeyGeneraldated26102010 as underl I It cannot be forgotten that thePunjabUniversityis one of the Z oldestUniversities in the countrybeingestablishedin 1882at r Lahore as East PunjabUniversityAfter partitionthe University was reeestablishedin India on Ist October 1947 and I afterworkingat dilYerentplacesSnallymoved to Z Ul 1956 The Ministryof FD is rightlyconcemed in seeing thatthis institutionis not starvedofSlnds 19 CO m A letter from Additional Secreuuyto Chainnan UGC dated l12010 has also Z been referredto the followingefctl Om 2 The matter has since been revisited The Central Government has obtained the opinionof leamed Auomey General for India Ccopyenclosed9who has held that the earlier Vlew of the Central Govemment based on which the Central Govemment had indeed filed certain affidavits before courts of law in matters concemingPunjabUniversitywas erroneous This opinionofthe AUomeygeneralfor India pavesthe way to not only fd PunjabUniversityfor the purpose of expansion 1 Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document Cwpr137m 35 of 2010 13 for the CEI Act 2006but also enabling O 1 UGC to start meetingthe financial needsofPunjabUniversity Accordinglylt was submitted that thoughearlier thePanjabUniversitywas held notto be Central or Centrallyfunded universityin thejudgmentof this Coun in Dr ACeJulka and others v PunjabUniversity and tohers 008 7SLR 198 the situationhas now changed 13 It was pointedout that the Central govemmentin an affidavit filed beforeMadhyaPradeshHigh Courtin similar writ petitionshas taken a standthat the schemedated31122008 was applicable to the Statesand State O Universitiesfor beingeligiblefor Central assistance Affidavit of the CA CentralGovernmenthas beenfiled as Annexure PA in CWP No16357 of2010 I C5 14 Learnedcounsel for the Stateand the State universitiesother than I PanjabUniversityopposed thesubmission It was statedthat the decisionof the Z CentralGovernment dated 2332007 to revise the age of to 65 C years was applicableonly to Centrally81ndedhigherand technical education I institutionscomingunder the pwviewof this minisuyin order to overcome the Z shortage ofteachersl Letter ded 31122008 providedthat the schemecould be CQ extendedto States providedStateGovemmentswish to adoptand implement the scheme ThUS till the StateslStateuniversitieswished to adoptthe schemeof Z reVlSlon of age of superation therewas no automaticrevlS1011 of age of superation Letter dated31122008 was onlyaddressedto UGC letter dated202009 om the UGC to the State Govemmentswas on thesubject ofreimbursementoffinances involved Similar is thepositionwith regardto leuer dated 112010 The 2010 Regulations also did not automatically revise the age of exceptin relation to Centrally lnded higllerand technical education institutions comingunder the purviewof this ministryin order to overcome the shortageof teachers In such a situation it was for the State ee 54184iaefrkM6nA35r8 Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 438 6 t CWP N S of2010 14 1 Govents and the State Universities to a decision to revise the age of r1 ll I in absenceof which the age of was as 1 1 in the applicablerules View taken in the of Jharkhandand PatnaHigh Il 1 Courts could not be followed in view ofjudgmentofthe Honble Supreme Coun in Be Bharat Kumar and others ve Osmania Universityand others 620070 11 SCC 58 which has been followed by Division Bench of this Court in Dre AC Julkae This beingthepositionin absenceofconflict in the UGC Regulation anddecision of the State contentionof Regulation beingcovered under F 66 of List I and 1 Q thus overridingthe State legislationdid not anse as held in similar situationby 0 Honble the SupremeCourt in B Bharat Kumar and by this Coun in Dre AaC 0 Julkae Distinction pointedout that when the issue was considered in B Bharat I C5 Kumar and Dre AeCeJulka the decision was onlyexecutivedecision and now the I same has been formalizedasa stamtoryprovisionby way of Regulationunder Z section 26 of the UGC Act is not significantThe Regulation itself limits the applicability ofthe revised ageto Centrally edhigherandtechnicaleducation I institutionscomingunder the pwiew of this ministry 111order to overcome the C3 z shortage of teachers leavingthe lSsue of extension to other institutions as per m letterdated1132010 23 72 15 Leamed counsel for the PanjabUniversity subrnittedthat the Panjab Q Universitywas not a CentraI universityas earlier held by tliis Court in DrACJulka and the revised age of was not automatically applicableHowever on acc of certam the 1SSue whether it was Centmlly81nded was a debatableissue and matter lll this regard was pendingwith the Central Govemment and the said university will abide by such d2cision as may be takenbythe Central Govent At this stagethe Panjab 56 1 1r S Batra Amit 2014.06.30 14: 36 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 0 471 Y 439 CWP 65 of2010 15 t 1 0 did not wish to takeany patticularstand whether it was centrally 4 1 4 1 Slndedor not as the said issue is still to be decidedby the CentralGovemment 16 Learnedcounsel for the Central Govemment statedthat he