57 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHe r CWP Noe9665of2010 Date ofdecisionl 432011 Profe SSBindra and others 1 ePetitioners 1 Vs The StateofPunjaband others And connected petitionsbeingCWP Noe1392of 2009 CWP Nose12681297 1324 1932 2661 3803 4583 to 4585 4607 4617 7176 7321 8823 9465 9773 106161107611972 1260312604127361288213117142651427714604 m 14693150011544715463155081562415880 16185162231635716961 1 0 l 17140171551716317400175451883719087191521925619501 18508 3 1857519596 19693 19699 19749 19841 19908 19935 20036 20225 20226 0 20296t02029820422206132069320728207297502085421to Ij 0 21137 21159 21240 21241 22449 22673 22736 22818 and 23003 of 2010 I AND C5 I CWP Nos184 345 585 838 896 897 1001 1304 1386 1429 1495 1618 178220653391346483492of2011 Z 2 CORAM HONBLE MR JUSTICE ADARSH KUMAR GOEL 1 fl HONBLE MRe JTJSTICE AJAY KUMAR MITTAL 1 Presentl Dr BalramGuptaSr Advocatewith Ms Anamika Negi Advoc8te6inCWP Nos9665 15463 15508 0 Z 15624 17545 19087 19256 21159 22818 of 2010 and 1495 8i 34641201 QO Mr BM SinghAdvocate and Mr Anshul Joy Advocate n CWP Nos 7321 12882 14693 15001 7 Z 20296to20298 21136 8 23003of2010 and14298 3492of2011 Mr SarjitSinghSr Advocate with Mr Vikas SinghAdvocate l CWP No4265 and19841of20109 Mr RlC Malik Sr Advocate ith Ms Komal Shanna Advocate n CWP Nos176 8823 12603to 12604158801696118837191520f2010 Mr Arun Nehra Advocate OnCWP No63571109 Mr RD Anand Advocate6inCWP Mr Padam Kant Dwivedi Advocate in CWP e 42e e Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document I rI 58 CWP 365of 2010 9 M Mr ManojChahal Advocate Gn CWP Nos19501 20226 21135 212408 9t Mre SS Salar Advocate n CWP No0616 20613 of 2010 184111 Mr Atul Kaushik ceManjitSinghAdvocates in CWP No226731109 Mr AnupwmAdvocate in CWP No17155110 Mr NS AdvocateOinCWP Nol0693110 Mr A1C Bishnoi Advocate l CWP Mr Kewal Kumari Advocate l CWP Nos465110 e 13041111 i r Mr SaurabhArora Advocate6inCWP Nos21241110853391111 0 0 Mr SubhashAhujaAdvocate l CWP No 13861119 I Mr Ashok SehgalAdvocate l CWP No8511 19 C Mr SudhanshuMakkar Advocate Z 6inCWP Mrlllilesh Bhardwj Advocate6inCWP Nos 1932 20728 20729 of2010 I Mr S1C Tamak Advocate OinCWP N0s1324 11972 21137and 227360f2010 Z Mr SlC Arora Advocate ri0 CinCWP Nos19935110ce896111 m Dr SuryaPrakash Advocate 6inCWP Nos1268 2661 4583to 4585 Z 4607 4617and 19908of20101 for Om Mr Jaswinder SinghDAG Punjab Mr AnupamGuptaAdvocate for PanjabUniversity Mr SC Sibal Sr Advocate with Mr VS Rana Adv for KurukshetraUniversity Mr Amrit Pal Advocate for Guru Nanak Dev University Mr N DahiyaAdvocate and Mr Amit Rao Adv for Mr SlC Shanna Adv for UGC Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 59 CWPNo665of2010 n l 57 Mr AshwinieBansal CentralGovt Counsel 1 MrsKamlaMalik CentralGovt Counsel Mr RajdeepS Cheema Advocate for respondem Nosl7 118i 12 in CWPNol2736110 8 10in CWPNo13117110 forrespondent No7 in CWP N16185110 for 10 in CWPNo18575110 for No6 in CWP No 19749110 forrespondent Nos 8 6 in CWP Nol0036110 Mr HemenderGoswamiAdvocate CWPNo896111 K1 f Mr SC NagpalAdvocate 1 for Nos 8 6 in CWP No7321110 C4 for in CWP No12882110 0 C Adarsh Kumar GoelJ I J C5 1 This orderwill dispose ofa bunchof 100petitions mentionedabove to leamedcounselfor the all the Wnt petitions involve 4t Z common relatingto claim of thewrit for revlSlOn of age of retlrement to 65 years The said claim is based on letter dated 31122008 ofthe C er Govemmentof India addressedto the Grants Commission JGC I followedby letterof the Govemmentof India dated 1152010 to the Education Z Secretariesof all State Govemments and notification of UniversityGrants m Commission6Minimum for of teachers and other n7 Z Academic Staff in Universities and Collegesand other Measures for the Maintenanceofstandardsin Higher Rulations 2010 2 A bunch ofpetitions came up for hearingbefore leamedSingleJudge who vide order dated 4 102010 referred the matter to the Division Bench as follows 443 Since the final outcome of these cases is likely to have far reachingrepercussions including some unpacton other Stateservices y14 Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 124450ll11 60 n3I CWP No365 of 2010 also it appearsinteralia that thefollowingimportant questions of law Ijr need to be bya largerbenchl a1Whether the service conditions includingthe age of retirement in the statutoryservlce rules 8amed under provisoto Article309 of the Constitution or under a statute can be deemedto have been amended by virtue of the CircularlScheme dated 3112008 issuedbythe GovernmentofIndia2 b9Whether the Governmentof India is competent to command the StateGovernmentslUniversities t6 increasethe age of retirementof asection ofthe 1 0 c9Whether the States haveany lawful authority to bargeinto theSeld 0 of Education when thesubject matter is directlyreferableto Entry 0 66 ofList I Union List or Entry25 ofthe List UI ConcunentList 1 C5 only7 d What will be theimpactofthe GovemmentofIndia Schemeor the 1 Z UGC in the case of teacherswodngin the inter state Universitieslike PanjabUniversity e9What is the scope of Statutorypowers of UGC and whether such powerswould iude the al4hority to lay the L3 1 Z conditionsof serviceincluding the ageof retirement2 11 4 Admitted to DB Let the recordsofthese cases be placedbeforeHonble the Chief Justice for enlistingthem before an Bench on 7 Z 15112010 Om XX XXX XXX XXXXX the matters havebeen placedbeforethis Bench Several other writ 1 petitions filed a8er the order ofreference havealso been listedfor hearing 3 CWP No665 of 2010 has been treatedto be the main petitionon suggestion of learned eounsel for the partiesand pleadings are beingreferred to from the said petitionCase of the is that theyare teachingin different depents of Guru Nanak Dev UniversityGNDU Their age 1S e Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document CWP 365of2010 60years as per applicable rules The Govent of India appointedSixth Pay ii i Condnissionon 5102006to consider the demand of the Central Govemment for increasein saIaryand of 6ther service conditions The saidCommission gave its report on 2432008 which was approved by the Union 1 Cabineon 1482008 The UGC appointed an expertcommitteeto consider the claimof the teachersin Universitiesand collegesfor revision of pay scales and otherallied issues headed by Prof GKChildha The Committeegave its repon revision of pay scalesand enhancement of ageof to m meet thesituationarisingout of shortage of teachersand to attract eligiblescholars 0 to theteachingprofession to improve the standardof qualityof highereducation 0 The said Committeealso recommended of retired teachersuptothe I C5 ageof 70 years 4 Based on considerationof the said reportthe Govemmentof India Z vide lettersdated23 2007 conveyed its decision to revise ageof r of all personsholdingteachingposition as on 153 2007 to 65 years and also I c provided for ofsuch teachersuptothe ageof70 years The said age Z was to CentrallyOlndedhigr and technical education lnstitutlons 01 coming under the purviewof this ministryin order to overcome the shortage of WAO z teachers Therealter vide letter dated31 122008 Annexure P3 schemefor CL revisionofpayscaleswas bytheMinistry of to theUGC Therein issue of age of also flgur in para 860The said para alongwith subpara p9ofpara8 are below 8 Other terms and conditions a to ee xxXX xx XX XX 0 Ageof oin order to meet the situation arisingout of shortageof teachers in universities and other teachinginstitutions and Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 3650f2010 the consequentvacant positionstherein the age of 1 4e 1 for teachers in Central Educational institutionhasalreadybeenenhancedto sixtyfive years vide the of highereducation letter NoFN0 1 1912006eUlI dated 233 2007 for those involved in class room teaching111order to attract eligiblepersons to the teachingcareer and to retaln teachersin senlice for a longer period Consequenton upwardrevlSlOll of the age of of teachers the Central Govemment has already authorizedtheCentralUniversitiesvide 1 of highereducation DO leUer NoF1m2412006Desk dated 3032007 to enhance the age of of 0 Vice chancellorsof Central Universities from 65 yearsto 70 O years subject to amendmentsin the respective statutes with C5 the approval of the competentauthorityTisitor in the case I of Central Z ii9 subjectto availabilityof vacant p6sitionsand fitness teachersshall also be re on contract appointment r beyondthe age of sixtyflve yearsupto the age of seventy C I years beyondthe age of shall howeverbe done for a limited periodof Z threeyearsin the first instailce and thenfor anotherSlrther m periodof two yearspurely6n the basis of merit expenence area of merit area of and peer V7 Z groupreview and onlyagainstavailable vacant positlons tl without selectionor promotionprospectsof eligible teachers Whereas the enhancementof the age of for teachers engaged J clas room teaching 1I1 is intended to attract eligiblepersons to a career in teachingand to meet theshortage ofteachersby retaining teachersin service for a longerperiod and whereas there lS no shortage in the of librariansand Directors of PhysicalEducation the increasein the age of from the present 1 0rN 5s4t6 Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 63 CWP 565of2010 sixtytwo years shall not be available to the categories of t 1 Librarians andDirectorsofPhysicalEducation XX XYs Xx Xxx Xxx p9Applicabilityofthe Scheme il This scheme shall be applicableto teachers and other equivalentcadres of Library and PhysicalEducation 111 all the CentraI Universities and collegesthereunder and the institutions deemed to be universities whose maintenance expenditurelS met by the UG The 1 of therevis6dscalesshallbe the r of all the conditions motioned in this letter as 0 well as to be framedbythe UGC in this behalf CO Universities this scheme shall be advisedby I C5 the UGC to amendtheir relevantstatutes and ordinances111 line with the UGC to amend their relevant statutes and ordinancesin line with the UGC within three Z months fromthe dateofissue ofthis letter iil to ivl xx Xx XX Xx I vl This schememay be extended to universitiescolleges Z and otherhighereducationalIinstitutionscomingunder the purviewof StateLegislature provided State Governments m wish to adopt and implementthe scheme subject to the S7 following terms and conditioIis Z Om al Financeasststancefromthe CentralGovernment to StateGovemmentsopting to revisepay scalesofteachers and other cadre covered under the Scheme shall be limitedto the extnt of 80Io 6eighty of the additional expenditure involved the 111 ofthe revision bl The state Goveent optingfor revision ofpay shall meet the remaining20Io twenty percentl of the additionalexpenditure from its own sources J 2 4491 1 4 Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 64 CWPNo665 of 2010 8 10 V c1to f9xx XX Xxx XXX XXX t 11 g1Paymentof centralassistancefor this schemeis also subjectto the condition that the entire scheme of revision of pay scales together 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 1 coming under their asa compositescheme withoutany modificationexceptin regardto the date of and scales of pay mentioned herein m above 55 sullied9 C4 2 5 The UGC vide letter dated 2822009 Annexure PA addressedto 0 0 Education Secreties of all the StateGove81s that the State I t5 Govemments may initiateimmediateactionfor of scheme of I ct reVlSlOn ofpayin a time bound manner The letter also refened to the issue of Z enhancementof retirement age The Stateof Punjabvide notification dated t 282009 revisedthe pay scalesofteachersand cadresin the universities Cr I and collegesof the State wef l12006 exure PJ as per letter dated t32 31 122008 Annexure P3 and also statedth the scheme will be applicable c subject to acceptance ofconditionsmentionedin the said leuer C0 c V 3 6 CWP No16370 of2009 JagirSinghKahlon and others v Stateof Z Punjabond anotherwas fIledin thisCourt a directionfor revislonofage ofretirement as per notiflcation dated31122008 and this Court vide order dated 6A010 directed the State Govemment to take a conscious policy decision 4 Therea8er vide letter dated 1152010 Annexure P theMinistryofF wrote to the State Goveents about the issue of revision of pay scale Referringto letter dated 31122008 it was mentioned that the schemecould be extendedto instiions under the StateGovents providedState Governmentswish to adoptand implementhe Scheme It was furthermentioned that as per the said J A Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 65 CWP 365of2010 4 lett the State Govemments are requiredto implement the scheme as a 1 r one includingthe age of superation in para 8 of this Ministrys letter dated31220089together with all the conditions specified orto be by UniversityGrants Commission UGC9by regulationsand other guidelines 7 Therealler University Grants Commission Minimum for ofteachers and otherAcademic Staffin Universitiesand Colleges and other Measures for the Maintenance of standards in Higher 1m 2010 were notified vide notification dated 3063010 published lll O azette of India dated 189010 The said havebeen framedbyUGC 0 I under Section26 of the UGC Act 1956and are to Central as well as C5 1 I StateUniversitiesand afflliated collegesPara 2 rovides that for maintenanceof standardsin highereducationshall be as provided in the Amexure Z TheAnnexure containsinterealiafollowing r 2eleOThe revisedscalesofpayandotherserviceconditionsincluding age I t of supemation in Central universities and other institutions Z maintained andlor nded by the UniversityGrants Commission 6UGC9shall be strictlyin accordancewith the decision of the Central OO Govemment MinistryofHumanRes6urce 7 Z as containedin Appendix7 Llm 2e3elThe revisedscales of pay and age of as provided 111 Clause 210 above may also be extendedto Universities colleges and otherhighereducationalinstitutins comingunder thepurviewof the State Legislatweand maintained by the State Goveents subjectto the of th scheme as a compositeone lll adherence of the terms and conditions laid down in the MEOD notifications providedas AppendixI and in the AU leuer Nol 712010eUII dated 11 May 2010 with all conditions specifiedbythe UGC in these and otherGuidelines en1441mh79e Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 66 CWF 665of2010 Apndix I is letter dated 31 122008 Thoughthe Baba Farid Universityof t 1 Sciences Faridkot revised the age of to 65 years lnspiteof direction of the Central Govemment that assistanceto the StateGovemment will be applicableonly if the pay scales were revisd as per scheme which was compositeone includingthe age of superation the StateGovemment and 1 the State Universities failed to revise the age of to 65 years Accordingly case 1S made out for issuance of direction to complywith the mandateofthe UGC byrevisingthe ageofsuperation to 65 years j 8 In the replyfiled by the Stateof Putijabthe standtaken is that the 0 rnatterofrevision ofage was refeuedto a Comminee The said 0 I Committeein its meeting held on 2963010 obser7edthat therewas no of C9 qualifled teachersin the Stateandtherewas no nedto enhancethe existingageof Z retirement Accordinglythe State Govemment appliedfor relaxation of instructions of the Central Govemment dated 1152010 vide leuer dated 1082010 Letter ofthe GovemmentofIndia onlyrelated to conditions for grant I c of fmancial assistmcewhich is a rnatterbetween the StateGovemmentand the Z Central Government Since the enhancementof age has serious flnancial 00 the StateGovemmenthas not the revlSlOn of age The m z Central Govemmenthas not givenany assistaliceaRer l A2010 Letter dated 1 31122008 is based on letter dated233007 which was applicable to Centrally 61ndedhigherand technical educationinstitutionscomingunder thepurviewof this rninistryin order to overcome the shortage of teachers and though as per letter dated 2822009 followed by letter dated 1132010 the same could be extendedto the Statesand Stateuniversities reimbursement was to be applicable onlyif the StateGoveents implemented the scheme as a compositepackage providedState Goveents wish to adopt d implement the scheme The Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 67 CWPNo665of2010 was not of automaticrevision of age The Regulations adopting letter 1 dated 31122008 were also accordingly lired in their and the revisedage was not unless speciScally extendedto the StateGovernmentsand State universities Thus the petitionwas liable to be dismissed 9 Standof the Universityis that as per service rules adoptedby the age of retirementwas 60 andthe said rules have not been andthusprayer in thepetition couldnot be accepted m Q 10 Standof the UGC is that the revision of age was applicable onlyto 0 0 Centrally61ndedhigherand technicaleducationinstitutionsunderthe purview of O andnot to any employee of a collegewhich is not hmdedand maintainedby l theUGC However the StateGovemmentcould adopt t decisionfor revisingthe T Z ageof 2 0 11 We have heardleamedcounselfor theparties and therecord CJ 12 Leamedcounsel for the submiuedthat thoughrevision of Z age as per letter dated 233 2007 was initiallyapicable to Centrally61nded 00 higherand technical education institutionscomingunder the purviewof this mP3 2 ministryin order to overcome the shortage of teachers the effectof leuerdated CL 312008 para 86v was to extendthe sameto all State universitiesand colleges also The StateGovemmentshavingtaken fintincial assistanceof the J Central Goveent and havingoptedto the revised pay les could not reJect 1 revlSlOll of age of as the Stategovemmenthad to implement the schemecontained in letter dated 31 122008 as a composite schemewithout any modiScation In supportof the said submission reliance has been placedon judgmentof learned SingleJudgeof Patna High Cou dated 2082010 in CWP S Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 68 CWP 365of 2010 lJt No 11348of 2010DreSunityPandeyand others v the StateofBiharand others l i and ofleamedSingleJudgeofJhald HighCourtdated10 2011 111 WP 6 C9N0363 of 2010 DrMaheshwar Tiwaryand others ve The State of Jharkhandand others In the context ofPanjabUniversityit was submiUedthat thoughthe Universitywas establishedunder the StateAct ie PanjabUniversity Act 1947 it became inter state bodycorporateundhe Punjab Act 1966 Maintenanceand grantsare to be shared nd paidby concernedStates asper directiveofthe Cenual GovemmentThe Vice Chancellorofthe University r in themeeting held on 2962010 informedthat theUniversity has beenconsidered 0 to be a Centrally 8inded instituteunder section2i9 vl ofthe CentralEducational U Institutions Reservationin Act 2006 CEI 2006 Actl Referencehas I C5 alsobeenmadeto theopinionofthe AUomeyGeneraldated26102010 as underl I It cannot be thatthe PunjabUniversity is one of the Z oldestUniversities in the countrybeingestablishedin 1882 at Lahore as East Puab UniversityAfter partitionthe University was reestablishedin India on Ist October 1947and I C after working at different placesflnallymoved to Z lIl 1956 The Minisy of FUUOis rightlyconcemed in seeing that this institutionis not starvedof 81nds 99 OO A letter from Additional Secretary to Chairman UGC dated l112010 has also Z beenreferredto thefollowing effectl r tl 2 The matter has since been revisited The Central Government has obtained the oinion of leamed AUorney General for India copy enclosed who has held that the earlier Vlew of the Central Government based on which the Central Govemment had indeedfiled certain affldavits beforecourts of law in matters concemingPunjabUniversitywas erroneous This opinionofthe Attomeygeneralfor India pavesthe way to not only fund PunjabUniversit7 for the purpose of expansion Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 69 CWF 6650f2010 for implemenng the CEI Act 2006but also enabling 7 1 UGC to start meetingthe fmancial needsofPunjabUniversity Accordinglyitwas submitted that thoughearlier the PanjabUniversity was held notto be Central or Centrally inded universityin thejudgmentof this Coun in Dr AeCJulka and othersve PunjabUniversity and tohers 008 7 SLR 198 the situationhas now changed 13 Itewas pointedOUt that the Central governmentlIl an affldavit filed beforeMadhya PradeshHighCourtin similar writ has taken a standthat m J Q the schemedated31122008 was to the Statesand State 0 Universitiesfor beingeligiblefor Cenl assistance Affidavit of the C0 CentralGovemmenthasbeen filed AnnexurePA in CWP Nol6357 of2010 0 14 Learnedcounsel for the Stateand the State universities other than Panjab opposed thesubmission It was statedthat the decision of the Z CentralGovemment dated 2332007 to revise the age of to 65 0 yearswas applicable only to Centrally lnded higherand technical education I institmionscomingunderthe pview of this mistry in order to overcome the Co Z shortage ofteachers Letter dated31122008 provided that the schemecould be Ct CQ extendedto States providedStateGovemmentswish to adoptand the 1 scheme ThUS till the StateslStateuniversitieswished to adoptthe schemeof Z CL reVlSlOn of age of therewas no automaticrevlSlOIl of age of Letterdated3122008 was only ressedto UGC letter dated202009 from the UGC to the StateGovemmentswas on thesubject ofreimbursementoffinances involved Similar is thepositionwith regardto leuer dated1132010 The 2010 Regulations also did not revise the age 1 1 of exceptin relation to Centrallyfunded higllerand technical 1 education institutions comingunder the purviewof this ministryin order to overcome the shortageof teachers In such a situation it was for the State 6eV 4S9Cllkr Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 70 CWP 365012010 J andthe StateUniversities to take a decision to revise the age of R 1 supation in absenceof which the age of superation was as lIl the rules View taken in the of Jhaand andPatnaHigh Courtscould not be followed in view ofjudgment ofthe Honble Supreme Coun inBeBharat Kumar and othersve Osmania University and others 11 SCC 58 whichhas been followed by Division Bench of this Court in Dr AC Julkae Thisbeingthepositionin absenceofcontlict in the UGC and decision of the State contentionof beingcovered under Entry66 of List I and 1 1 thusovenidingthe Statelegislationdid not arise as held in similar situationby r 1 0 Honble the SupremeCourt in Be Bharat Kumar and by this Court in Dre AC 0 Julka Distinction pointedout that when the issue was considered in Be Bharat KumarandDreAeCeJulka thedecisionwas onlyexecutivedecisionandnow the same has been formalizedas a provision by way of under Z section 26 of the UGC Act is not The Regulation itself limits the ofthe revised ageto CentraUy andtecical education institutionscomingunderthe purview of this ministryin orderto overcome the C3 z shortage of teachers leavingthe issue of extensi6nto other institutions as per 0 letterdated1152010 23 9 Cr 72 15 Learned counsel for the PanjabUniver8ity submittedthat the Panjab 1 CL was not a Central as earlier held by this Court in DrACJulka and the revised age of was not applicableHowever on account of crtain the 1Ssue whether it was Centrally8lnded was a debatable1SSUS and matter in this regard was pendingwith the Central Govemment and the said university will abide by suchdecisionas may be takenbythe CentralGovemment At thisstagethe Panjab 11 1 Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 71 CWPNo665 of2010 did not wish to take any particularstand whether it was cenally 1 Slnded or not as the said issue is still to be decidedbythe Central Govemment Learnedcounselfor the CentralGovemment statedth he has no 16 instructionsin the matter 17 In view of rival contentionsnoticed ilbove we proceed to deal with thequestions referredfor our Re al Deemed amendment to the statutorv rules bv virtue ofscheme dated 31121008 tm C4 18 The scheme dated 3122008 refers to revision of age of 0 vide letter dated 233 2007 which applies to Centrally funded I and technical educationinstimtionscolilingunder the purviewof this C5 ministry in orderto overcome the of teachers As per subpara p9of c 2 para 8 the schememay be extendedto other institutionswho wish to adoptthe t same Clause gl of sub para p v provides that centralassistancewas subjectto 1Z theschemebeing as schemeThus thesaidschemedoes t not envisageautomaticrevision of age to all institutionsunless the State Z Govemmentswish to adoptthe same Iftheydo not wish to adoptthe same it may 10 C haveramification on central assistancebeingprovidedas mentionedtherein a7 Z of the said scheme in regulation doesnot changeits character as the 1 also provides that the schemedoes not automatically extendto all the 1 institutionsunless as per para 2 The matter was consideredby the Honble SupremeCourtwith regardtosimilarscheme dated 2701998 and the scheme was held to be voluntaryThe contentionthat the scheme must be implemented as a compositeone was rejectedContention with regardto applicability of EnUy 66 of List I was also rejectedWe may quote below the relevantpart of letter dated2731998 interpreted by the Honble SupremeCoun AJ Il Batra Amit 2014.07.01 11: 28 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document t4 72 CWP