1 98 TN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 1 CWP Noe9665of2010 Dateofdecisionl 432011 Profe SeSBindra and others eeePetitioners 1 Vs The StateofPunjaband others eRespondents And connected petitionsbeingCWP N01392 of 2009 CWP Nose1268 1297 1324 1932 2661 3803 4583 to 4585 4607 4617 7176 7321823 9465 9773 106161107611972 1260312604127361288213117142651427714604 1 14693150011544715463155081562415880 16185162231635716961 0 18508 0 1857519596 19693 19699 19749 1984119908 19935 20036 20225 20226 0 20296t020298204222062032072820729107502085421to 0 21137 21159 21240 21241 22449 22673 22736 22818 and 23003 of 2010 I AND S C9 CWP Nos84 345 585 838 896897100113041386 1429 1495 1618 1782 2065 3391 3464 82 3492of2011 Z 9 CORAM2 HONBLE MR JUSTICE ADARSH KUMAR GOEL 0 HONBLE MR JUSTICE AJAY KUMAR MITTAL Presena Dr Balram GuptaSr Advocatewith Ms Anamika ATegiAdvocate On CWP Nos9665 15463 15508 1 CO 1 15624 17545 19087 19256 21159 22818 of 2010 and 1495 0 Z 346412011 1 00 e Mr Blvl SinghAdvocate and Mr Anshul Joy Advocate n CWP Nos 7321 12882 14693 15001 7 Z 20296to 20298 211368 23003of2010 and 1429 e 3492 of201 19 1 23 Om Mr SarjitSinghSr Advocate with nl Mr Vikas SinghAdvocate GnCWP Nol4265 and 19841of20109 Mr RlC Malik Sr Advocate with Ms Komal Sharma Advocate l CWP Nos3176 8823 12603 to 12604 15880 16961 18837 19152of2010 Mr Arun Nehra Advocate in CWP Mr RD Anand Advocate6inCWP No12971101 Mr Padaln Kant Dwivedi Advocate 6inCWP Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document A V IP CWP 1119915 Of 2010 2 Mr Manoj Chahal Advocate in CWP Nos19501 21135 76 0 79 41 21240 8 224491101 t Mr SS Salar Advocate in CWP No0616 20613 of 2010 ce 184111 Mr Atul Kaushik 8 ManjitSin1 Advocates cinCWP No22673110 Mr Anupam Advocate CinCWP No171551109 Ivlr N BhardwajAdvocate CinCWP lvh AlC Bishnoi Advocate OinCWP IUm Mr Kewal Kumari Advocate in CWP Nos465110 2c 13041119 C1 20 Mr SaurabhArora Advocate in CWP Nos1241110 8 3391111 0 C0 Mr Subhash luja Advocate CinCWP No386111 Mre Ashok SehgalAdvocate n CWP No8511 19 0 I 14 Mr SudhanshuMaar Advocate Z in CWP MrNilesh BhardwajAdvocate n CWP Nos 1932 20728 8 20729 r of201 j l 74 I Mr SlC Tamak Advocateon CWP Nosl324 11972 21137 and 1 C 227360f2010 k Z Mr SC Arora Advocate rn in CWP Nos19935110 8 896111 7 Dr SuryaPrakash Advocate l CWP Nos1268 2661 4583 to 4585 Z 4607 4617 and 19908of20109 for ll 1 Mr JaswinderSinghDAG Punjab 1 Mr AnupamGuptaAdvocatefor PanjabUniversity Mr SeCeSibal Sr Advocate with Mr VS Rana Adv for Kunhetra University Mr Amit Pal Advocate for Gunl Nanak Dev University Mr N2 DahiyaAdvocate and AllreAmit Rao Adv for Mre SK Sharma Adv for UGC 111681 8 IS 0I J 89M514m41E2 Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 4r cINP18865 of 2010 il 5r 44 A4 Anie Bansal CentralGovt Counsel 6 Mrs KamlaMalik CentralGovt Counsel 1 Mr RajdeepS Cheema Advocate for respondent Nos 11 8 12 in CWPNo2736110 CWPNoa13117110 for respondent No in CWP No161 85110 forrespondent Nos7 8 10 in CWP No18575110 for respondentNo6in CWP No19749110 forrespondentNos5 8 6 in CWPNo20036110 Mr HemenderGoswami Advocate 7 IPll for in No896114 1 Mr SC NagpalAdvocate forrespondentNos8 6 in CWPNo0321110 C for respondentNoin CWP No12882110 CO 0 Adarsh Kumar GoelJ I Thisorder will disposeof a bunch of 100petitionsmentionedabove C5 le Accordingto leamedcounsel for the all the writ petitionsinvolve et Z common relatingto claim of the writ petitioners for revision of age of 52 retirementto 65years The said claim is based on letter dated 31122008 of the e of India addressed to the UniversityGrants Commission JGC followedbyletterof the Govemmentof Indiadated1132010 to the Education Z e1 of all State Govemments and notification of UniversityGrants r12 e Commission Minimum Qualiflcations for Appointment of teachersand other 7 Z AcademicSuiff in Universities and Collegesw1 other Measures for the Il Maintenance of standardsin HigherEducatior Regulations 2010 2 A bunch ofpetitions came upforhearingbefore leamed SingleJudge who vide order dated 4 102010 refened the matter to the Division Bench as followsl 143 Since the Onal outcome of these cases is likely to have far reaching includingsome impacton other State services 481 oe n n1 Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 1 e 5 4 also it appears inteaIia that the oflaw needto be adjudicated by a largerbencl Iyl a Whether the service cottions includingthe age of retirement e in the stamtoryservlce rules framed under provisoto Article 309of the Constitutionor under a staone can be deemed to havebeen amended by vinue of the CircularlScheme dated 31122008issued bythe Govemment ofIndia2 b9Whether the Govent of India is competentto coand the StateGoveentsiversities to increase the age of retirement of a section ofthe StatelUniversity 1 C2 c9Whetherthe States haveany law611auority to bargeinto the Seld 0 of Education when the sbject matter is directlyreferableto Ently C0 66ofList I Union List or Entry25 ofthe List III Concunent List Z C5 only7 d9What will be theimpactofthe GovemmentofIndia Schemeor the Z UGC in the case of teachersworkingin the inter state like PanjabUniversityChandigarh2 r e What is the scope of Statutorypowers of UGC and whether such would include the arity to lay the 42 Z conditions of service incding the age of mtiremen 4 Admitted to Dl3 Let the recordsofthese cases be placedbeforeHonble cj1 4r the Chief Justice for enlistingthem before an appropriate Bench on V7 Z 15112010 Oa XX XXX Xxx XXXX the matters have beenplacedbefore this Bench Severalother writ 81edaRer the order ofreference have also been listed for hewing CWPNo665 of 2010 has been treated to be the main petitionon 3 of leamed counsel for the partiesand pleadingsare beingrefened to frorn the said Ckwe of the petioners is that are teachingin different 1 deIments of Guru Nanak Dev University0GNDU Their superation age 1S r 6r4 45 1 1 Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 1l1jF 7 5 1 2010 1 Jle Pay rules The Govent of India appointed as per 111 demand of the Central Goveent I l 11 on 5102006 to 01 The on2432008 which was approved by the Union saidCoission gave its report on 1482008 The UGC an expettcoittee to comider the in Universitiesand collegesfor revision of pay scalesand claim of the otheraUied issues headedl5yProf GeKChadhaThe Coittee gave its report 10 the ndardof qualityof highereducation 0 to theteachingprofession to lmprove 0 the 1T2 0 ageof 70 years of India Based on of the said reportthe 4 Z dated 2332007 conveyed its decision to reviseage of vide leuers C to 65 years and also allpersonsholding teachingposition as on of r The said age C Z Cennally81nded and technical educationinstitutions was applicable to 011 under the purviewof this ministry in order to overcome the hortageof 7 vide letter dated Annexure P3 schemefor 2 teachersl Therein L1 revisionofpayscales was of age of also flgured in para 8C0The said paraalongwith 1SSUS 8 Otherterms and conditions2 Xx XX XX a toIe lXX 0 Age of Superannuaone to meet the situation arisingout of shonageof ioin and other teachinginstiwtionsand teachers in 1 17nllov 77 759295672211 nepr 4 Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 6 CWPNot103 f 2010 therein the age of z1 the vacant positions 0 in Central Educational for the depentof higher education letter NoFNo dated 23 32007 for those involved in class order to atuact eligiblepersons to the room teaching in career and to retn teas in service for a longer period Consequent on upwardreVlSlOll of the age of superation of the Central Govemment has authotized the CemralUniversitiesvide of highereducationDOletter Nol2412006 Desk CU0 1 to enhance the age of superation of r dated Vice chancellorsof CentralUniversities8om 65 yearsto 70 0 in the respective statutes With 0 years ect to X the of thecompetent auority isitor in te case 0 ofCentralUnNersitieso I C1 io subjectto of va p6sitionsand fitness Z shall also be re employed on coiitractappointment theage of sixtyfive yearsup the age of seventy C beyond beyondthe age of years 32 r a limitedperiodof shallhowever be done firstinsumce and then for another er Z threeyearsin the of two yearspwelyon the basisof merit experience 00 area of and peer Cr areaof merit expenence 7 group review and only available vacant positions Z without selectionor prospectsof tl eligible teachers the enhancementofthe age of for teachersengaged class room teaching1S intended to lll eligiblepersonsto a career m teachingand to meet attract longerperiod andwhereas there is no shortage in the theage of superation from the present the increase ln 1 r 1l Inl 1 Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 7 CWPNo104of 2010 shall not be availableto the categoriesof sixty two years r andDirectorsofPhysicalEducation XXX XXX XX XX XX p of the Scheme i1This scheme shall be applicabIeto teachers and other cadres of Library and PhysicalEducation lll allthe Central Universities and collegesthereunder and the institutions deemed to be universities whose maintenance expenditureis met by the UGC The of the revised scales shall be subjectto the m 0 of allthe condiOonsmotionedin this letter as asRegulations to be framedby the UGC in this behalf 0 well 0 universitiesimplementinthisschemeshall be advisedby 1I1 eUGC toamendtheir relevantstatutesand ordinances111 C5 W linewith the UGC to amendtheir relevant statutes and I Cr ordinancesin linewith the UGC Regulations within three Z months 8om the date ofissue ofthis letter n CL iil to iv9m Xx XX Xx v1This se may be extendedto universities colleges 3 and other hi educationalinsons comingunder the Z of StateLegisl provided StateGovernments Cll wish to adoptaod imrement the scheme subjectto the er following terms andconditions 7 Z a1Financeassishmce8om the CentralGovemmentto tl State Govents optingto revisepay scalesof teachers and other cadre covered under the Scheme shallbe limited to the extent of 800Io eightypercentof the additional involved 111 the ofthe revision b The state Goveent optingfor revision of pay shall meet the remaining20010Ctwentypercentlof the additionalexpenditure from its own sources I l J eIne0 e 09 Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWP No665 of 2010 8 405 1 cl to f1xx Xx XXX XXX XXX r g9Paymentof central assistance for implementingthis scheme is also subjectto the condition that the entire schemeof revision of pay scales togetherwith a1l the conditions to be laid down by the UGC by way of Regulations and other guidelinesshall be implemented by State Governments and universities and colleges comingunder their jurisdictionas a composite scheme without any modiflcationexceptin regardto the date of and scales of pay mentioned herein 1 above suppliedl 2 5 The UGC vide letter dated 28202009 Annexwe PA addressedto 0 0 Eaucation Secretariesof all the State Govemmentssuggested that the State r CD Governmentsmayinitiate immediate action for of scheme of Z revlSlOll ofpay in a time bound manner The letter also referredto the issueof Z enhancement of rerement age The State of Punjabvide notification dated E 292009 revised the pay scalesofteachersarequivalentcadres in theuniversities I and collegesof the State wef l2006 exwe PI as per letter dated Co 2 31122008 Annexure P and also statedthat the schemewill be applicable subject to acceptanceof conditionsmentioned in the said leUer 00 2 6 No870 of 2009 JagirSinghKahlon and others ve State of Z 0 Il Punjaband another was Sled in thisCourtseek a directionfor revision of age ofretirement as per notiflcationdated31122008 andthis Court vide order dated 6A010 directed the State Govemment to take a conSClOUS policy decision Therea8ervideletterdated 1152010AmexurePO theMinistryof wrote to the State Govemments about the 1SSUe of revision of pay scale Refeneingto letter dated 31e12008it WaS tnentioned that the scheme could be extended to insttions under the State Goveents providedState Governmentswish to adoptand implementthe Scheme It was Sr mentioned that as per the said j P e C 1 4 1 Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 9 CWPNoof2010 S Goveents are requed to implement the as a e4 lett theI the age of superation in para8o of this cornpositeone letter dated 311220089together with all the conditions speci8edor to be specifledby Grams Cossion CUGC9by regulationsand other 7e Thereae Grants Cossion Minimum Qualifications for ofteachersandotherAcac Staffin UniversitiesandColleges andother Measures for the Maimenance of sdards in HigherEducationO 1 Regulations2010were notifled vide notification dated 3061010 published lll 0 Ge ofIndia dated 1892010 The id regulationshave been framed by UGC 0 under Section26 of the UGC Act 1956and are applicable to Central as well as 0 State Universities and affiliated coUegesPara 2 providesthat for 3 maintenanceof standardsin highereducationshall be as providedin theAmexure Z The Annexure contains interoaliafoIlowingprovisionsl 2 0 2eleO Therevised scalesof pay and otherservice conditionsincludingage T2 of lll Centraluniversities and other institutions Z mainunedandlor funded by the UniversityGrants Commission CUGCshall be sUictlyin accordance with the decision ofthe Central rn Govemment MinisUy of Human Resource Development 00epantnent 7 Z as containedin Appendix7 Qm 23The revised scales of pay and age of superation as provided ill Clause 21e0 abovemay also be extendedto Universities colleges andother highereducational insthutions comingunder the purviewof the State and maintilinedby the State Govemments subject to the of the sclne as a composite one ln adherenceof the terms and conditions laid down in the Ml notificatlonsprovidedas AppendixI and in the MI leuer No 712010eUII dated11 May 2010 with all conditions specifiedby the UGC in theseRegulationsand other Guidelines 0e94 06 1 ee Ivp 1 Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 407of2010 10 CWP NOe dated31 122008 Though the Baba Farid of 0 I is letter Faridkot revised the age of superation to 65 years inspiteof of the Central Govemment Ut assise to the State Goveent will be only if the pay scales were revised as per scheme which was one including the age of superaon the StMe Govent and the State failed to revise the age of superation to 65 years Accordingly case 1S madeout for issuance of direction to complywith the ofthe UGC byrevisingthe ageof to 65 years 1 8 In the replyflledby the State of Punjabthe standun is that the of revision of age of was refenedto a Commiuee The said 43 Z in itsmeetingheld on 2962010 observedthatthere was no shonageof C9 teachers in the Stateand therewas no needto enhance the existingage of I retirement the State Govemment applied for relaxation of Z of the Cetl Govemment dated 113010 vide lener dated C 102010 Letter of the Goveent of Indiaonly related to conditions for grant of assistancewhich is a matter between the State Govemment and the Z Goveent Since the ecement of ag has serious Onancial 00 the State Govent has not adoptedthe revlslon of age The z Central Goveent has not givenany assistance aRer l Ae2010 Leuer dated 2 e is based on letter dated2332007 which Was applicable to Centrally hi8lerand technical educationinstitutionscomingunder the purviewof this ministolin order to overcome theshortage of teachers and thougoas per letter dated2822009 followed by letter dated 1152010 the same could be extended to theStates and S ersities reursement was to be applicEible onlyif the State Governments the scheme as a compositepackage State Govemments wish to ad6ptand implementthe scheme The SmWmmdnmmsar Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 11 CWPNo65852010 3 conence was not of automatic revision of age TheRegulationsadoptingletter 5 3 1122008 were also accordinglylimited in their applicabilityand the unlessspecifically extendedto the revised age was not automatically andState universities Thus the petitionwas liable to be StateGovemments dismissed 9n Stand of the is that as per servioe rules adoptedby the age of retirementwas 60 and the said ruleshave not been challenged andthusprayerin the petition could not be accepted 10 10 Standof the UGCs that the revision of age was only to 00 Centrally81ndedhigherand educationinstiwtionsunder the purviewof 2r and not to any employee of a collegewhich is not Smdedandmaintainedby 0 theUGCHowever theStateGoven colild adoptthe decisionfor revisingthe Z age of C ll Wehave hrd leamedcounselfor thepartiesand perused the record 12 Learnedcounsel for the submittedthat thoughrevisionof 1 Z perletter dated 2332007 was initiallyapplicable to CentrallySlnded age as OO and technical education institutionscomingunder the purviewof this r 7 in order to overcome the Shortageof teihers the effect of leuer dated Z 0 3122008 para 869v1was to extendthe same to all State universitiesand also The StateGovemmentshavingtan cial assistanceof the Govemmentand havingoptedto the revisedpay scaies could not reject reVlSlon of age of superation the State govemmentshad to implementthe scheme in letter dated 3 1122008 as a compositescheme without any In support of the said submission reliance has been placedon jucnent of learned SingleJudgeof Patna High Coun dated 2082010 in CWP r 1k 827 Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWP No665 of 2010 12 409 11348of2010 Dre Sunity Pandeyand others ve the State ofBihar and others andjudgment of leamedSingleJudgeof JharkhandHighCoun dated 10201 1 in WP c C9 N0363 of 2010 DreMaheshwar nwary and others v The State of Jharkhand and others Ln the contem of Pmb Universityit was submiued that thoughthe Universitywas established under the State Act ie PanjabUniversity Act 1947 it became inter state bodycorporate underthe PunjabReorganization Act 1966 Maintenance and grantsare to be shared and paidby concemed States asper directiveofthe Central Govemment The Vice Chancellorofthe University ie6 in themeetingheld on 2962010 informedthattheUniversityhasbeenconsidered to be a Centrallylnded instituteundersectior 6ivloftheCenualEducational CO Institutions Reservation in AdmissiolO Act 2006 EI 2006 Ac0 Reference has I C5 alsobeen made to the opinionofthe AttomeyGeneral dated 26102010 as under It cannot be forgotten that the PunjabUniversityis one of the Z 5t oldest Universitiesin the countrybeingestablished in 1882 at 0 Lahore as East PunjabUniversity After partition the 1 Universitywas reeestablishedin India on Ist October 1947 and r C after workingat different places Onallymoved to Chandigarh Z 1111956 The Minisnyof lUID is rightlyconcemedin seeing thatthis institutionis not starvedof Slnds m v A letter from Additional Secr to Chairman UGC dated 112010 has also Z 3 been referredto the followingeffect 2 The matter has sihce been revisited The Central Govemment has obtained the opinionof leamed Attomey General for India copy enclosecO who hasheld that the earlier Vlew of the Central Govemment based on which the Central Govemment had indeed Sled certain affidavits before couns of law in matters concerningPunjab University was erroneous This opinionofthe Auomey generalfor India paves the way to not only fund PunjabUniversityfor the purpose of expansion Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 13 CWL1109665 of 2010 C 0 J for the CEI Act 2006but also enabling 0 e UGC to stmt meetingthe fiilancial needsofPunjabUniversity2 n it was submitted that thougllearlier the PanjabUniversity was held not to be Centralor Centrally Slnded universityin the judgmentof this Coun in DreAeCeJulka and others v Punjab Universityand tohers 2008 7 SLR 198 the situationhas now changed 130 Itowas pointedout that the Central goveent in an affidavit Oled beforeMadhyaPradeshHigh Court in similw writ petitions has taken a stand that m c the sChemedated31122008 was mnomatically applicable to the Statesand State O Universitiesfor beingeligiblefor appropriate Centralassistance Affidavit of the 0 CentralGovemment has been 81edas Annexure PA inCWP No6357 of2010 X C5 14 Learnedcounsel for the State and the State universities other than PanjabUniversityopposed thesubmission It was statedthat the decision of the Z 5 Central Goveent dated 2332007 to revise the age of to 65 m Q onlyto Centrallyfundedhighermd technical education years was X ilistitutionscomingunder the purviewof this minisuyin order to overcome the C3 Z shortageofteachers Letterdated 31122008 providedthat the scheme could be et C extendedto States providedState Goveents wish to adoptand implement the 2 scheme Thus till the StateslStateUlllverslties wished to adoptthe scheme of Z automaticrevisionof age of revisionof age of there was no superationeLetter dated310122008was onlyaddressedto UGC letterdated2022009 8om the UGC to the StateGovemments was oon the subject ofreimbursement offinances involved Similar is the positionwith regardto leuer dated1152010 The 2010 Regulationsalso did not automaticallyrevise the age of superation except in relation to Cely 81nded hler and technical education institutionscoming under the purviewof this ministryin order to overcome the shortageof teachers In such a sinlation it was for the State 1 ne 100 G4sWrA149In4 4 7 e e l e o e e 1 71 0 Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 411 14 f2010 Universities to a decision to revise the age of Gornmentsand the R of whi6h the age of superatlon wasas superaatlOll Ul theapplicable rules View taken in thejudgments of Jharkhandand Patna High lll Courts could not be followed in vievofjudgmentofthe Honble SupremeCourt Osmania Universityand others 2007311SCC inBe Bharat Kumar and others v 58vlhich has been followed byDivision Bench ofthis Court in Dra AeCe Julkae inabsence of conilict in the UGC Regulationanddecision This beingthe positl0rlo of the State contentionofRegulation beingcoveredunderEntry66 of List I and 1 thusoverridingthe State not arise as held in similar situation by 0 3 the SupremeCourt in Be Bharat Kumar and by this Court inDre AeCe Hon901e 0 U out that when the issuewas consideredin Be Bharat Julkae Distinction 325 Kumar andDre ACe Julka the decisionwas onlyexecutivedecisionand now the r byway of Regulation under same hasbeen formalizedas a stamtoryproVlSlOIl Z The Regulationitself limits the section26 of the UGC Act is not m fundedhigherand technicaleducation C4 of the revisedage to 22 instutions comingunder the purviewof this ministryin order to overcome the of teachers leavingthe issue of extensionto other institutionsas per Z letter dated 11052010 23l9 cn er 2 Learnedcounsel for the Universitysubmittedthat the Panjab 2 150 Il earlier held by this University was not a Cenual university as DreACJulkaand the revised age of vvaS llOt Court in However on account of certaindevelopments the issue whetherit was funded was a debatable issue and matter in this regard was pendingwith the CentralGoveent and the said universitywill abide by such decision as may be n by the Central Govemment At this stagethe Panjab Rashmi 2014.06.07 13: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 15 CWPN0412 of2010 1 did not wish to take any stand whether it was centrally C3 or not as the said issue is sti11to be decided by the Central Goveent 16 Leamed counsel for the Central Goveent statedthat he has no instructionsin the mattere 17 In view of rilial conteons noticed aboe we proceedto deal with thequestionsrefeued for our adjudication Re 1Deemed amendmentto the statutorYrules bv virtue of scheme dated 31121008 m The scheme dated 3112008 refers to revision of age of 18 0 vide letter dated2332007 which applies to Centrallyfunded 0 32 and teChnical educationinstitutionscomingunder the pwviewof this C5 ministryin order to overcome theshortage of teachers As per sub para pl of Cr Z para 8 the scheme may be extendedto other institutionswho wish to adoptthe 1 same Clausegl of sub para p CvOprovidesthat centralassistancewas subject to D the schemebeingimpleed as schemeThus the said scheme does 32 r not envisageautomatic revision of age to all institutionsunless the State Z 4 Goveents wish to adoptthe same Iftheydo not wish to adoptthe same it mav QO e haveramification on central assistance being ovided as mentionedtherein 2 Z of the said schemein regulation does not change its character as the Om also providesthat the scheme does not extend to all the institutions unless extended as per para 231 The matter was considered by the HonbleSupremeCourt with regardto similar scheme dated 2771998 and the schemewas held to be voluntary The contention that the