419 7i IN THE HIGH COURT OF PUNJAB AND J CWP NoS665 of2010 Dateofdecision 4 3 011 Profe SSBindra and others eee4Oetitioners Vs The State ofPunjaband others mRespondents And connectcd petitionsbeingCWP N01392 of 2009 CWP Nose1268 1297 1324 1932 2661 3803 4583to 4585 4607 4617 7176 7321 8823 9465 9773 106161107611972 1260312604127361288213117142651427714604 14693150011544715463155081562415880 16185162231635716961 17140171551716317400175451883719087191521925619501 18508 18575 19596 19693 19699 19749 19841 19908 19935 20036 20225 20226 0 0 20296 to 20298 20422 20613 20693 20728 20729 20750 20854 21135 to 21137 21159 21240 21241 22449 22673 22736 22818 and 23003 of 2010 AND C0 CWP N0se184 345585838 896 897 1001 1304 1386 1429 1495 1618 1782 2065 3391 3464 Si 3492of2011 Z CORAM2 HONBLE MR JUSTICE ADARSH KUMAR GOEL HONBLE MR eIUSTICEAJAY KUMAR MITTAL 1 I Present Dr Balram GuptaSr Advocatewith Ms Anamika Neg Advocate Gn CWP Nos9665 15463 15508 Z 15624 17545 19087 19256 21159 22818 of 2010 and 1495 8 346412011 QO Mr B SinghAdvocate and Allr Anshul Joy Advocate in CWP Nos 7321 12882 14693 15001 7 Z 20296to 20298 21136 e 23003of2010 and 14298 3492of20119 Om Mr SarjitSngh Sr Advocate with Mr Vikas SinghAdvocate in CWP No14265 and 19841of20109 Mr RJC Malik Sr Advocatewith Ms Komal Sharma Advocate 0InCWP Nos176 8823 12603 to 12604 15880 16961 18837 19152of2010 Mr ArunNehra Advocate in Mr RD Anand Advocate n CWP No1297110 Mr Padam Kant Dwivedi Advocate in CWP Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 2 CWP 120m35of 2010 6 0 4 Mr ManojChahal Advocate 0n CWP Nos19501 20226 21 135 21240 M SeSeSalarAdvocate n CWP No0616 20613 of 2010 8 184111 Mr Atul Kaushik 8i ManjitSinghAdvocates in CWP N22673110 Mr AnupamAdvocate 0inCWP No71551109 Mr N BhardwajAdvocate 6inCWP No206931109 Mr AK Bishnoi Advocate 6inCWP Mr Kewal Kumari Advocate OinCWP Nos465110 c 13041119 1 r Mr SaurabhArora Advocate 6inCWP Nos21241110 3391111 0 0 Mr SubhashAha Advocate 1 CWP N13861111 Nlr Ashok SehgalAdvocateCinCWP No8511 19 C5 I Mr SudhanshuMakkar Advocate Z in CWP No3921099 W Mrlllilesh BhardwajAdvocate 6inCWP Nos 1932 20728 8520729 r of2010 I Mr SlC Tamak Advocate 6inCWP Nos324 11972 21137 and C 22736of2010 Z Mr SlC Arora Advocate m in CWPNos19935110 8 896111 emo Dr SuryaPrakash Advocate 6inCWP Nos1268 2661 4583to 4585 Z 4607 4617 and 19908of2010 for tl Mr Jaswinder SinghDAG Punjab Mr AnupamGuptaAdvocate for PanjabUniversity Mr SC Sibal Sr Advocate with Mr V Rana Adv for KurukshetraUniversity Mr Amrit Pal Advocate for Guru Nanak Dev University Mr NR DahiyaAdvocate and Mr it Rao Adv for Mr SK Sharma Adv for UGC Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document cvp tr12155of 2010 4 71 4 b7 Mr Asie Bansal CentralGovt Counsel 1 MrsKamlaMalik CentralGovt Counsel 1 4n Il Mr RajdeepS Cheema Advocate 5 6 for 11 8 12 in CWP No2736110 t j11 9 for Ee10 in CWP No131 17110 rl 1 forrespondentNoin CWP No16185110 1 for Nos 8 10 in CWP No18575110 1n 0 for No6 in CWP No19749110 1 forrespondentNos8 6 in CWP No20036110 1 P Mr HemenderGoswamiAdvocate r for in No896111 1 Mr SC Advocate for c 6 in CWP NoO321110 Q for No6 in CWP No12882110 0 0 Adarsh Kumar GoelJ I le This order will of a bunch of 100 mentionedabove C5 to learned counsel for the all the writ petitionsinvolve Z common relatingto claim of the writ petitioners for revision of age of 2 retirement to 65 years The said claim is based on letter dated31122008 of the tZ 1 of India addressedto the UniversityGrants Commission JGC followed by letterof the Govemment of India dated 1132010 to the Education Z Secretariesof all State Govemments and notification of UniversityGrants rn CommissionMinimum for of teachersand oOler V7 Z Academic Staff in Universities and Collegesand other Measures for the ll Maintenanceofstandardsin HigherEducationl 2010 2 A bunch ofpetitions came up for hearingbefore leamed SingleJudge vvhovide order dated 4 10201 0 referred the matter to the Division Bench as follow 443 Since the final outcome of these cases is likely to have far reachingrepercussions includingsome impacton other Stateservices 1 311 e4 Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document CWP 1965of 2010 4 e a1s0it appears interalia that the followingimportantquestions of law 0 needto be adjudicated by a largerbenchl a1Whether the service conditions includingthe age of retirement prescribed in the statutoryservice rules framed under provisoto Article 309 ofthe Constiwtion or under a statute can be deemedto have been amended by virtue of the CircularlScheme dated 31122008 issuedbythe Government ofIndia2 b Wheer the Government of India is competentto command the StateGoverntiversities to increasethe ageof retirementof a sectionofthe 1 c9 Whetherthe States haveany law811authorityto bargeinto theOeld 0 of Education when the subjectmatter is directlyreferableto Entry O 66 ofList I Union List or Entry25 ofthe List III Concunent List Z Co only2 I d What will be the impactofthe Govemment ofIndia Schemeor the 41 Z UGC Regulations in the case of teachersworkingin the lnter state 5 Universities like PanjabUniversity e9 What is the scope of Statutorypowers of UGC and whether such I powerswould include the authorityto lay the Z conditionsofservice including the ageofretirement2 CO 4 Admitted to DB Let the recordsofthese cases be placedbeforeHonble Cr the Chief Justice for enlistingthem before an Bench on 7 Z 151120107 Y Xxx XXX XXXXX Accordinglythe matters have been placedbefore this Bench Severalother wnt petitionsfiled after the order ofreferencehave also beenlisted for hearing 3 CWP No9665 of 2010 has beentreated to be the petition maln on suggestion of leamed counsel for the partiesand pleadings are beingreferredto from the said petitionCase of the petitioners is thattheyare teachingin different depents of Guru Nanak Dev Universil GNDUOTheir age IS Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 5 CWPN965 of 2010 6eyears as per applicable rules TheGovernment of India appointedSixth Pay 0 Commission on to consider he demand of the Central Govemment 1 for increasein salaryand improvement of Otherservice conditions The 2432008 which was approved by the Union saidCommission gave its report on Cabinet on 1483008 The UGC an expertcommitteeto considerthe claim of the in Universitiesand collegesfor revision of pay scales and other allied issues headedby Prof GlCChadha The Committeegave its repon revision ofpayscalesandenhancem6ntofageofsuperation to 1 ofteachersandto attract eligiblescholars r meetthe situationansing out profession to improvethe standardof qualityof highereducation 0 to the 0 alsorecommended of retiredteachersuptothe The said I C5 ageof70 years I 4e Based on considerationof the saidreportthe Govemment of India Z dated 2332007 conveyedits decision to revise age vide letters L 1 of all personsholding teachingpositionas on 1532007 to 65 years and also I c for ofsuch teachers10 the ageof70 years The said age Z W to Centrallyfunded higherand technical education institutions CJO underthe purviewof this ministryin order to overcome the shonageof coming 7z teachers ThereaRer vide letter dated 31 122008 Annexure P3 scheme for revisionofpayscaleswas bytheMinistryof to theUGC Therein 1SSUe of age of superation also Sguredin para 86OThe said para alongwith sub para 009ofpara8 are reproduced below 8 Other terms and conditionst a9 to e9eX Y xx xx f9Age of ioin order to meet the situation arisingout of shortage of teachers in universitiesand other teachinginstitutionsand a Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 6 CWPtl54595 of 2010 e the consequentvacant positionstherein the age of 0 superauation for teachers in Central Educational has alreadybeen enhancedto sixtyfive years vide the of higher education letter NoFNo dated 2332007 for those involved in class room teaching10 orderto attract eligiblepersons to the career and to retain teachersin servicefor a longer period Consequenton upwardrevlSlOtl of the age of of teachers the Central Govemment has authorizedthe Central Universitiesvide departmcnt of highereducation DO letter NoFle2412006 Desk 6U dated 302007 to enhancethe age of of Vice chancellorsofCentral Universities 8om 65 yearsto 70 0 C0 years to amendmentsin the respective statutes with I theapproval of the competentauthorityVisitor in the case 0 of Central UniversitiesJ I ii subjectto availabilityof vacantp6sitionsand fitness Z teachersshall also be re employed on contract appointment V2 r beyond the age of sixtyfive years uptothe age of seventy beyondthe age of I yearse Cl shall however be done selectivelyfor a limited periodof Z threeyears in the first instanceand then for anotherfuither 1r periodof two yearspurelyon the basisof merit m C area of merit experiencearea of specialization and peer 7 Z groupreview and oniy againstavailable vacant positions without afcting selection or prospectsof eligible teachers Whereas the enhancementof the age of for teachers engaged111 class room teachingis intended to attract eligiblepersons to a career in teachingand to meet theshortage ofteachersbyretainingteachersin service for a longerperiodand whereas there 1S no shortage111tlle categories of librariansand Directors of PhysicalEducation the increasein the age of from the present Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 7 cWPN42525Of2010 a0 shallnot be available to the categories of sixty two years t andDirectorsofPhysicalEducation xx XXX xxx XX XX plApplicabilityof the Schemel oThis schemeshall be applicableto teachers and otlIer cadres of Library and PhysicalEducation in allthe Central Universities and collegesthereunder and the deemed to be univeties whose maintenance expenditureis met by the UGC The of the revisedscalesshallbe subjectto the 1 of all the conditions motioned in this letter as 0 well as to be framedby the UGC in this behalf 0 Universities this schemeshall be advisedby I UGCto amendtheir relevant statutesand ordinancesin the C5 line withthe UGC to amend their relevant statutes and I er ordinancesin linewith the UGC within three Z months from the dateofissue ofthis letter C iil to ivl xx Xx XX XX 4 I vl This schememay be extendedto universities colleges and other highereducationalinstitutionscomingunder the Z ofState provided State Governments rJ wish to adopt and implementthe scheme subjectto thc W3 followingterms and conditions Z a Financeassistancefrom the CentralGovemmentto Q StateGovemmentsoptingto revisepay scalesofteachers and other cad covered under the Scheme shall be limited to the extent of 80Ieighty of the additional expenditure involved 1n the ofthe revision b1The state Govemment optingfor revision of pay shall meet the remaining200Io venty percent of the additional expenditure from its own sources j 19e Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 426 8 CWP N 5 of 2010 e 1 0 cl to f1xx xx XXX xxx XXX f g1Paymentof central assistancefor this schemeis also subjectto the condition that the entire schemeof revision of pay scales togetherwith all the conditions to be laid down by the UGC by way of and other guidelinesshall be by State Goveents and universities and colleges comingunder theirjurisdiction as a compositescheme withoutany modification exceptin regardto the date of and scales of pay mentioned herein 1 above emphasissuppliedo C 25 The UGC vide letter dated 2822009 Annexure PA addressedto 0 C Education Secretaries of all the State Govemments that the State C5 Govemments may initiate immediate action for of scheme of 1 revlSlOll ofpay in a time bound manner The letter also referredto the issue of r Z enhancement of retirement age The State of Punjabvide notification dated 282009 revisedthe pay scalesoofteachersand cadresin the universities I and collegesof the State wef l12006 exure PI as per letter dated t2 31 122008 Annexure P3 and also stated that the scheme will be applicable subjectto acceptanceofconditions mentionedin the said leuer 00 Cr 3 CWP No16370 of2009 JagirStgh Kahlon and others v Stateof Z 3 Punjabandanother was flled in thisCourt a directionfor revisionofage ofretirement as per notificaon dated3112 2008 and this Court vide order dated 6042010 directed the Sta Govemment to te a conscious policy decision Thereafter vide letter dated 1132010 Annexure P3 the MinistryofHRD wrote to the Sta Goveents about the 1SSue of revision of pay scale Referring to letter dated 31 22008 it was mentionedthat the scheme could be extended to institutionsunder the State Govemments provided State Governments wish to adoptand implementthe Scheme It was Alnher mentionedthat as per the said J A Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 427 9 CWPI 55of 2010 ee4 e letter the State Goveen are requiredto the scheme as a l one includingthe of in para 860of this letter dated311220089together with allthe conditions Ol to be speci6edby Grams CommissionUGCOby regulations and other guidelines 7a Therea8er Grants CommissionMinimum Universities andColleges and other Measures forthe Maintenance of standardsin HigherEducationl 1 t Regulations 111 2010 were vide notiOcationdated 3062010 0 GazetteofIndia dated1892010 Thesaid havebeen framedbyUGC 0 under Section26 of the UGC Act 1956and are to Centralaswell as 0 and afflliated collegesPara 2 provides that for State I maintenance of standardsin highereducationshall be as provided in tlle Annexure Z TheAnnexure containsintereaIiafollowing 2ele0 The revised scalesof pay and otherserviceconditions includingage I of superation 111 Centraluniversities and other institutions Z andlor funded by the UniversityGrants Commission UGCOshall be stctly in accordancewith the decision ofthe Cenual CO MinistryofHuman ResourceDevelopment 7 Z as containedin ll 231The revised scal of pay and age of as provided 111 Clause 2O above may also be extendedto Universities colleges andother highereducational institutions comingunder the purviewof the State and maintained by the State Govemments subject to the of the scheme as a composite one in adherenceof the terms and conditions laid down in the MI notiflcationsprovidedas AppendixI and in the M letter NoF l 712010UII dated 11 May 2010 with all conditions specifiedby the lUC in these Regulations and otherGuidelines veee Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document cwpr12865 of 2010 10 wd C3 I is letter dated 31 122008 Though the Baba Farid University of V Faridkot revised the age of to 65 years inspiteof of the CentralGovemmentthat assistanceto the StateGovemment will be applicableonlyif the pay scales were revised as per scheme wllich was one includingthe age of superation the StateGovemtnent and theState Universities failed to revise the age of to 65 years Accordingly caseis made out for issuance of direction to complywith the mandateofthe UGCby revisingthe ageof to 65 years 1 1 8 In the replyflled by the State of Punjabthe standtaken oisthat the atter ofrevision ofage was refened to a Commiuee The said 0 2 Committeein its meetingheld on 2962010 observedthattherewas no shonageof C9 I teachersin the Stateand therewas no needto enhancetheexistingageof e retirement the State Govemment appliedfor relaxation of Z 54 of the Central Govemment dated 1152010 vide leuer dated r et 1082010 Letter ofthe Goveent ofIndia onlyrelatedto conditions for grant 132 of financial assistancewhich is a matter betweenthe State Govemment and the Cl Z Central Goveent Since the enhancement of age has serious Snancial 0 the State Govemment has not adopted the reVlSion of age The 7z Central Govemment has not givenany assistanceaRer l A2010 Letter dated CL 3122008 is based on letter dated2332007 which was applicable to Centrally Rlnded higherand technic11 educationinstitutionscomingunder the purviewof this ministry111order to overcome the shottageof teachers and thoughas per letter dated 2822009 followed by letter dated 11 2010 the same could be extended to the Statesand State universities reimbursement was to be applicable only if the StateGoveents implemented the scheme as a compositepackage providedState Goveents wish to adoptand implementthe scheme The n rle Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document CWPN129iof2010 11 S 0 consequence was not of automaticrevision of age The Regulationsadoptingleuer dated 311208 were also accordinglylimited in their applicabilityand the revised age was not applicable unless specifically extendedto the StateGovemments and State universities Thus the petitionwas liable to be dismissed 9e Standof the Universityis that as per service rules adoptedby the age of retirementwas 60 and the said rules have not been andthusprayer in thepetition could not be accepted 1 r 101 Stand of the UGC is that the reVlSlOn ofage was applicable only to 0 0 Centrallyfunded higherand technical educationInstttutions under thepurviewof Z and not to any employee of a collegewhich is not fundedand maintainedby 7 the UGC However the StateGovemmentcould adoptthe decision for revisingthe Z age 11 We haveheardIeamedcounselfor theparties and perusedtherecord I 12 Leamed counsel for the submittedthatthoughrevision of Z age as per letter dated 233 2007 was initiallyapplicableto CentrallyfiInded 1 higherand teclmical education institutionscomingunder the purviewof this m7 2 ministryin order to overcome the shortageof teachers the effect of leuer dated C1 3122008 para 8pv9 WSS to enend the same to all State universitiesand collegesalso The State Govents havingtakn 6nancial assistanceof the Central Goveent and havingoptedto the revisedpay scales could not reject reVlSlon of age of as the State govemmentshad to implement the schemecontained in letter dated 31 122008 asa compositeschemewithout any modiflcation In supportof the said submission reliance has been placedon judglnentof leamed SingleJudgeof PatnaHigh Court dated 20820 10 in CWP Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 12 CWPIr13055 012010 ed others 0 No11348of2010 Dr SunityPandeyand others ve the StateofBihar and 101201 1 111 and WP CC No363 of 2010 DreMaheshwar Tiwary and others v The State of Jharkhand and In the context of PanjabUniversityit was submiuedthat thougthe UnNersitywas under the StateAct ie PanjabUniversity Act 1947 it became inter state bodycorporateunder the PunjabReorganizaoll Act 1966 and grantsare to be sharedand paidby concemedStates asper directive ofthe Central Govemment The Vice Chancellorofthe University inthemeetingheld on 2962010 informedthat theUniversityhas been considered C funded instituteunder section20tivl ofthe Central Educational 0 to be a C0 servationin Admission Act 2006 CEI 2006Aco Referencchas I also beenmadeto theopinionofthe mey Generaldated26102010 as underl 2r It cannot be that thePunjabUniversityis one of the Z oldestUniversitiesin the co beingestablishedin 1882 at C Lahore as East PunjabUniversity After partitionthe was restablished in India on Ist October 1947and 3 afler workingat diHerentplacesflnallymoved to Z ln 1956The Ministryof F is rightlyconcemed in seeing thatthis institutionis not starvedof funds rJ A letter from Additional Secretaryto Chairman UGC dated l l 010 has also Z beenreferredto the followingefTectl CL 2 The matter has since been revisited The Central Goveent has obtained the opinionof leamed Attorney Generalfor India copy who hasheld that 0oeearlier Vlew of the Central Government based on which the Central Governmenthad indeed filed certain affidavits beforecouns of law in matters concemingPunjabUniversity was erroneous This opinionofthe Attomeygeneralfor India paves the way to not onlySlnd PunjabUniversityfor the purpose of expansion Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 13 cwp 431 65 of 2010 Va 1 required for theCEI Act 2006but also enabling C0 15 UGC to stan meetingthe financialneedsofPunjabUniversity submiued that thoughearlier the PanjabUniversitywas held Accordinglyitwas not to be Central orCentrallyfunded universityin the judgmentof this Court in DreACJulka and others v PunjabUniversityand tohers 000897 SLR 198 Ole situationhasnow changed 130 It was poimedoutthat the Central govemmentin an afOdavit fIled before PradeshHigh Court in similar writ petitions has taken a standthat 1 the schemedated 31122008 was atically to the Statesand State 0 Universitiesforbeingeligiblefor Central assistance Affidavit of Ooe 0 Central Govemment hasebeenOled as Annexure PA in CWP Nol6357 of2010 I C5 14 Learnedcounsel for the State and the State universitiesotller than 2C panjabuniversityopposedthe submission It was statedthat the decision Of the Z CentralGovemment dated 233007 to revise the age of to 65 m C only to Centrally8lnded higherand technical education years was I institutionscomingunder the purviewof this ministryin order to overcome the Co Z ofteachers Letter dated31122008 provided that the schemecould be 11 extendedto States providedStateGovernmentswish to adoptand the scheme Thus till the StateslStateuniversitiesw4shedto adoptthe scheme of Z reVlSlon of age of superation therewas no automaticrevision of age of superation Letter dated31122008 was onlyaddressedto UGC Subsequent letter dated2022009 from the UGC to the StateGovemmentswas on the subject ofreimbursementoffinances involved Similar is the positionwith regwdto letter dated 1132010 The 2010 Regulations also did not automaticallyrevise the age of superarmuation except in relation to Centrallyfunded higherand technical education institutions comingunder the purviewof this minisnyin order to overcome the shortageof teachers In such a situation it was for the State tIW49 l A 9 Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document CWF132 65 of 2010 14 4ee Govemments andthe State Universities to a decision to revise the age of Il in absenceof which the age of was as 1I1the rules View taken in the of Jhand andPatnaHigh Courts could not be followed in view ofjudgmentofthe Honble Supreme Court inB Bharat Kumar and others v Osmania Universioland Others 620079 11 SCC 58which has been followed by Division Bench of this Court in Dre AeCeJulkae Thisbeingtheposition in absenceofconflict in theUGC Regulationanddecision of the State contentionof Regulation beingcoveredunder Enoy 66 of List I and tbusoverridingthe Statelegislationdid not arise as held in similar situationby e e 0 Honble theSupremeCourt in Be Bharat Kumar and by this Court in Dre AeC CO Julka Distinction pointedout that when the issue was consideredin Be Bharat Kumar andDr AeCeJulka thedecision was onlyexecutivedecision and now the I same has been formalizedasa stamtory provisionby way of Regulation under Z section26oftheUGCAc4 is not significantThe Regulationitself limits the applicability ofthe revised ageto Centrallyfundedhigherand technicaleducation institutionscomingunder the purviewof this ministryin order to overcome the z shortage of teachers 1eavingthe 1SSue of extensionto other institutionsas per c0 letterdated1152010 Regulation23 72 15 Learned counsel for the PanjabUniversitysubmittedthat thePanjab cL Universitywas not a Central universityas earlier held by this Court in DreAeCJulka and the revised age of was not automatically applicableHowever on account of certain the1SSue whether it was Centrally8mded wasa debatable issue and matter in this regard WaS pendingwith the Cemr Goveent and the said universitywill abide by such decision as may be takenbytheCentralGovemment At this stagethe Panjab Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 433 15 CWPII 55of 2010 didnot wish to any particularstandwhether it was centrally 0 University Government 16 Leamed for the CentralGovemment stated that he has no instructionsin the matter 17 In view of rival contentionsnoticed above we proceed to deal with thequestions referredfor our 31121008 r Thescheme dated 3 1 122008 refers to revision of age of 18 0 videletter dad 2332007 which applies to Centrallyfunded 0 superation and technical education institutionscomingunder the purview of this 0 ministry in orderto overcome the of teachers As per sUbpara Go9of 4 Z para 8 the may be oextendedto other institutionswho wish to adoptthe r Clausegl of subpara6pl 9 provides that centralassistancewas subject to same r thescheme as scheme Thus the saidsChemcdoes I notenvisageautomatic revision of age to all institutions unless the State z Govemmentswish to adoptthe same Iftheydo not wish to adoptthe same it may rn haveramification on central assistancebeingprovidedas n0tioned Uoerein 7 Z of the said scheme in regulation does not changeits character as the Qm lso provides that the schemedoes not extendto all the institutions unless extendedas per para 231 The mauer was consideredby the Honble SupremeCourt with regardto similar scheme dated 271998 and the scheme was held to be volury The contentionthat the scheme must be as a composite one was rejectedContention with regardto of Entry 66 of List I was also rejectedWe may quotebelow the relevantpart of letter dated 271998 interpreted by the Honble Supreme Coun tll Rawat Seema 2014.07.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 434 16 CWPt 35of