91 2 IN THE HIGH COURT OF PUNJAB AND CWP Noe9665of2010 Date ofdecisionl 432011 Profe SSBindra and others eePetitioners Vs The State ofPunjaband others And connected beingCWP Noe092 of 09 CWP Nosl2682 10616 1107611972 12603 12604 12736 12882 13117 14265 14277 14604 m 15001 15447 15463 15508 15624 15880 16185 16223 16357 16961 l 17140 18508 19596 19693 19699 19749 19841 19908 19935 20036 20225 20226 0 20296 to 2029820422 20613 20693 20728 20729 20750 20854 21135 to O 2115921240 21241 22449 22673 22736 22818 and 23003 of 2010 21137 AND t5 CWP N0se184 345585 838 896 897 1001 1304 1386 1429 1495 1618 17822065 3391 3464 8L3492 of2011 Z CORAMmHONBLE MR JUSTICE ADARSH KUMAR GOEL m C HONBLE MRe JUSTICE AJAY KWAR MITTAL Presen Dr Balram GuptaSr Advocate with Ms AnamikaNegi Advocate Gn CWP Nos665 15463 15508 l 17545 19087 19256 21159 22818 of 2010 and 1495 8 15624 Z 346412011 m MrBM SinghAdvocate and Mr AnshulJoy Advocate in CWP Nos7321128821469315001 mno 2029821136 8i 23003of2010 and 14298 3492of20119 Z 20296to tl Mr SarjitSinghSr Advocatewith lv VikasSinghAdvocate6inCWP No4265 and 19841of20109 Mr RC Malik Sr Advocatewith Ms KomalSharma Advocate On CWP Nos3176 8823 12603 to Mr Arun Nehra Advocate6inCWP Mr RD Anand Advocate 1 CWP Mr Padam Kant Dwivedi Advocate in CWP No7140110 4 15 4 Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document CWP 1 65 of2010 2 1J Ivl ManojChahal Advocate 6inCWP Nos19501 20226 21 135 21240Sc Mr SS Salar Advocate 6inCWP No0616 20613 of 2010 e 184111 Mr Atul Kaushik 2cManjitSinghAdvocates in CWP No26731109 Mr AnupamAdvocate GnCWP No71551109 Mr N BhardwajAdvocate l CWP Mr AK Bishnoi Advocate in CWP No0422110 Mr Kewal Kumari Advocate l CWP Nos465110 13041111 1 0 Mr Saurabh Arora AdvocateGnCWP Nos21241110ce 3391111 0 C43 Mr SubhashAhujaAdvocate l CWP N138611 11 I Mr Ashok SehgalAdvocate l CWP N03851119 C9 I Mr SudhanshuMaar Advocate Z in CWP Mrlllilesh BhardwajAdvocate l CWP Nos193220728 820729 0 of2010 I Mr SlC Tamak Advocate OnCWP Nos1324 11972 21137 and 22736of2010 Z Mr SK Arora Advocate m 6inCWP Nos199351108 896111 aN2 Dr SuryaPrakh Advocate 6inCWP Nos1268 2661 4583to 4585 Z 4607 4617 and 19908of20109 for aw Mr Jaswinder SinghDAG Punjab Mr AnupamGuptaAdvocate for PanjabUniversity Mr SC Sibal Sr Advocate with Mr VS Rana Adv for Kshetra University Mr Amrit Pal Advocate for Gunl Nanak Dev University Mr NR DahiyaAdvocate and Mr Amit Rao Adv for Mr SK Sharma Adv for UGC Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 93 CWPtI i5of 2010 1h 47 MrAshwinieBansal CentralGovt Counsel MrsKamlaMalik CentralGovt Counsel Mr Rajdeep S Cheema Advocate 8 12in CWPNo12736110 810in CWPNo13117110 forrespondent No7 in CWP No16185110 for 8e 10 in CWP N18575110 for in CWP No19749110 for Nos 8L6 in CWP No20036110 Mr HemenderGoswamiAdvocate for in CWP No896111 Mr SC NagpalAdvocate 1 for e 6 in CWP No7321110 C for in CWP No2882110 0 U Adarsh Kumar GoelJ I 1 This order will of a bunch of 100petitions mentionedabove 0 I to leamed counsel for the petitioners all the writ involve Z common relatingto claim of the writ for revision of age of 2 retirementto 65 years The said claim is based on letter dated31122008 ofthe r of India addressedto the UniversityGrants Commission6UGC I followedbyletterof the Government of India dated 1132010 to the Education Z Secretariesof all State Govemments and notification of UniversityGrants m Commission for of teachersand other am Z Academic Staff in Universities and Collegesand other Measures for the C1u Maintenanceofstandardsin HigherEducation 2010 2 A bunch ofpetitionscame up for hearingbefore leamed SingleJudge who vide order dated 4102010 referred the matter to the Division Bench as followsl 463 Since the Snal outcome of these cases is likely to have far reaching including some lIIlPScton other Stateservices aZ e Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 1 cwp94 365of2010 4 L also it appearsinteralia that the needto be adjudicated bya largerbenchl a9Whether the service conditions includingthe age of retirement prescribed in the stabRoryservlce rules framed under provisoto Article 309 of the Constitution or under a stmute can be deemedto have been amended by virtue of the CircularlScheme dated 31122008 issuedbythe GovernmentofIndia2 b9 Whether the Govemment of India is competentto command the StateGovemmentslUniversitiesto increasethe age of retirementof a sectionofthe m r c Whether the States have any lawful authority to bargeintothe field 0 of Education when the subject matter is directlyreferableto Entry m0 66 ofList I Union List or Entry25 ofthe List III ConcurrentList I C5 only d1 What will be the impactofthe GovemmentofIndia Schemeor the et Z UGC Regulations in the case of teachersworkingin the inter state Universities like PmjabUniversity Q1 e1What is the scope of Statutory powersof UGC and whether such powerswould include the authorityto lay the L Z conditionsofservice including the ageofretirement2 CQ 4 Admitted to DJ3 Let the recordsofthese cases be placedbeforeHonble the Chief Justice for enlistingthem before an appropriateBench Oll mwo Z 15120101 XX Xxx XXX XXXX Accordinglythe matters have been placedbefore this Bench Severalother writ petitionsfiled a8er the order ofreference havealso beenlisted for hearing 3 CWP No665 of 2010 has been treated to be the maln petitionon suggestion of leamed counsel for the pattiesand pleadingsare beingreferredto from the said petitionCase of the petitioners is that theyare teachingin diHerent depents of Nanak Dev UniversityGNDUJ Their superation age 1S Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 5 F52965 of 2010 6 rules The Govemment of India appointed Sixth Pay years as per Commission on 5102006 to consider the demand of the Central Govemment for increasein salaryand improvement of other serviceconditions The said Commission gave itsreport on 2432008 which was approved by the Union on 1482008 The UGC an expertcommitteeto consider the claim of the in Universities and collegesfor revision of pay scales and otherallied issues headed by Prof GlCChadha The Committee gave its report revision ofpayscalesand enhancem6ntofage to rneet the situationarisingout ofshortageofteachersand to auract eligiblescholars 0 0 0 to theteachingprofession toimprovethe standardof qualityof highereducation C4 The said recommended of retiredteachersuptothe I C5 ageof70 years I 4 Based on of thesaid reporttheGovemmentof India Z 2 videlettersdated 2332007 conveyedits decision to revise age of C of all persons holding teachingpositionas on 1532007 to 65 years and also c provided for ofsuch teachersuptothe age of70 years The said age Z WaS to Centrally8mded higherand technical educationinstitutions m under the purviewof this ministryin order to overcome the shonage of A7z teachers ThereaRer vide letter dated 3 1122008 Annexure P3 scheme for Qm revisionofpayscaleswas bytheMinistryof to theUGC Therein lssue of age of also figuredin para 860 The said para alongwith subpara p9ofpara8 are below 8 Other terms and conditionsl a1 to e1e XXXX xx xx XX f1Age of Superannuatione oin order to meet the situation arisingout of shortageof teachers in universities and other teachinginstimtionsand Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document CWptf96 6 5012010 b therein the age of the consequentvacant 1 superation for in Central Educational has alreadybeen enhancedto sixtyfive yearsvide the of highereducation letter NoFNo 1n 1912006mUIIdated2332007 for those involved in class room teaching111 orderto auract eligiblepersons to the career and to retain teachersin service for a longer period Consequenton upwardrevlSlOn of the age of of teachers the Central Govent has atholized the CentralUniversitiesvide of highereducationDO letterNole2412006 Desk 0U 1 0 dated3032007 to enhance the age of superation of Vicechancellorsof CentralUniversities8om 65 yearsto 70 0 0 to amendmentsin the respective statutes with years I the of the competentauority 0Jisitorin the case C5 ofCentral I et ii9subjectto availabilityof vacant p6sitionsand 6tness Z teachersshall also be re employed on contract appointment r the age of sixtyfive years uptothe age of seventy beyondthe age of superation years I shall however be done selectively for a limitedperiodof Z threeyears in thefirst instanceand thenfor another lrther period of two yearspurely on the basisof merit experience QO area of merit experiencearea of and peer mm Z groupreview and only againstavailable vacant positions without selection or prospectsof r eligible teachers Whereasthe enhancementof the age of for teachers engagedlll class room teachingis intended to attract eligiblepersons to a career ln teachingand to meet theshortage ofteachers byretainingteachersin servicefor a longerperiodand whereas there is no shortagein the of librariansand Directors of PhysicalEducation the increase in the age of superation from the present Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document CWP97 7 65of 2010 4 twoyears shall not be available to the of sixty t Librarians andDirectorsofPhysicalEducation XX Xx XX XXX XXX plApplicability ofthe Schemel il 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 revisedscalesshallbe subject to the C of all the conditions motioned in this letter as 0 well as to be framedby the UGC in this behalf C Universities this scheme shall be advlsedby I theUGC to amendtheir relevant statutes and ordinancesin C5 I line with the UGC to amend their relevant statutes and 4t ordinancesin line with the UGC within three Z months om the dateofissue ofthis letter m iil to ivl xx XX Xx Xx I vl This schememay be extendedto universities coUeges 0 and other highereducationalinstitutionscomingunder the Z purview of StateLegislature provided StateGovernments r wish to adopt and implement the scheme subjectto the mmo followingterms andconditions Z a1Financeassistancefrom the CentralGovemmentto StateGovernts optingto revisepay scalesofteachers and other cadre covered under the Scheme shall be Iimitedto the extent of 80Io 6eightypercentlof the additional expenditure involved in the ofthe revision bl The state Goveent optingfor revision of pay shall meet the remaining200lo otwentypercent9of the additionalexpenditure 8om its own sources J Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document CWP 698m65of2010 8 1b c1to 0 xx Xx Xxx Xxx XXX t gl Paymentof central assistancefor this scheme is also subjectto the condition that the entlre scheme of revision of pay scales togetherwith all the conditions to be laid down by the UGC by way of Regulationsand other guidelines shaIl be by State Govemments and unlversitles and colleges comingunder their jurisdictionas a compositescheme without any modification exceptin regardto the date of and scales of pay mentioned herein 1 above emphasis suppliedl 0 5 The UGC vide letter dated 2822009 Annexure PA addressedto 0 t0 Education Secretariesof all the StateGovents that the State C0 Govemmentsrnayinitiate immediate action for of scheme of I reVlSlOn ofpay in a time bound manner The letter also referredto the issue of Z enhancementof retirement age The State of Punjabvide notification dated 292009 revised the pay scalesofteachersand cadresin theuniversities I and collegesof the State wef l 2006 exure P9 as per letter dated 22 31122008 Annexure P and also stated that the scheme will be applicable subject to acceptanceof conditionsmentionedin the said leuer CO 3 6 CWP No16370 of2009 SinghKahlon and others v Stateof Z0 Il Punjaband anotherwas flledin thisCourt a directionforrevisionofage ofretirement as per notiflcation dated 31122008 and this Court videorder dated 6A201 0 directed the State Goveent to take a conscious policy decision Thereaiter vide letter dated 1132010 Annexure P7 theMinistryof7D 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 instltutions under the StateGoveents providedState Governments wish to adoptand implementhe Scheme It was er mentionedthat as per the said 1 P4 Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 9 650f2010 tter the Sta Goveents are required to implementthe scheme as a t composite one the age of in para 80 of this lettel dated 311220089together with all the conditions orto be by UniversityGrants Commission UGC9by regulations and other 7 ThereaRer Grams CommissionMinimum for ofteachersandotherAcademicStaffin UniversitiesandColleges and otherMeasures for the Maintenance of standards in HigherEducation9 2010 were notiSed vide notification dated 3062010 published in 0 Gazetteof lndia dated 188010 Thesaid havebeen framedbyUGC C40 under Section26 ofthe UGC Act 1956and are to Cenual aswell as C5 State Universities and affiliated collegesPara 2 providesthat for I maintenance of standardsin highereducationshall be as provided in the Annexure Z TheAnnexure containsinterealiafollowingprovisions r 20100The revisedscalesof pay andotherserviceconditionsincluding age I r of supemation lIl Centraluniversities and other institutions Z maintainedanor 8inded by the UniversityGrants Commission shall be strictlyin accordancewith the decision ofthe Central r Goveent MinistryofHuman Resource Department m Z as containedin AppendixeI 20301Therevised scales of pay and age of as provided 111 Clause2O above may also be extendedto Universitiescolleges and other highereducational institutionscomingunder thepurviewof the State Legislatureand maintained by the State Govemments subjectto the implementaonof the scheme as a composite one in adherence of the terms and conditions laid down in the MIO2D notifications providedas AppendixI and in the MIOD letter No1e 7120104JII dated 11 May 2010 with all conditions specifiedby the UGC in theseRegulations and otherGuidelines Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 400 10 CWPI 35of 2010 Ir AppendixI is letter dated 31 122008 Though the Baba Farid Universityof SciencesFari the age of to 65 years inspiteof directionof the Central that assistanceto the StateGovemmentwill be only if the pay scales were revised as per scheme which was one includingthe age of suIwation the StateGovemment and the State failed to revise the age of to 65 years Accordingly case 1S madeout for issuance of direction to complywith the mandateofthe UGCby revisingtheageofsuperation to 65 yearSe 1 8 In the replyfiledby the Stateof Punjabthe standtaken is that the 0 matterof revision of ageof superation wasreferredto a Committee The said 0 I in its meeting held on 2962010 observedthat therewas no shonageof 0 qualified teachersinthe Stateandtherewas no needto ece theexistingageof retirement the State Govemment appliedfor relaxation of Z of the Central Govemment dated 1152010 vide letter dated instructlOIlS 1082010 Letter of the Governmentof India onlyrelated to conditionsfor grant C3 of flnancial assistancewhich is a matter between the StateGovemment and the Z CentralGoveent Since the enhancement of age has serious Snancial 0 the State Govemment has not the revlSlOIl of age The e4 V7z Central Goveent has not givenany assistance aer l A2010 LeUer dated 31122008 is based on letter dated2332007 which was applicable to Centrally Alndedhigherand technical educationinstitutionscomingunder the purview of thisministryin order to overcome the shortageof teachers and thou8oas per letter dated2822009 followed by letter dated 1132010 the same could be extended to the Statesand Stateuniversities reimbursementwas to be applicable onlyif the State Govemments implemented the scheme as a compositepackage providedState Goveents wish to adoptand implementthe scheme The Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 11 CWPNcf6f7of2010 was not ofautomaticrevision ofage The Regulations adopting leuer dated3112 2 008 were also limited in their and the revised age was not unless specificallyextendedto the StateGoveents and State universities Thus the petitionwas liable to be dismissed 9 Standof the Universityis that as per servlce rules adoptedby the age of retirementwas 60 and theid rules have not been andthusprayer in thepetitioncould not be accepted 1 10 Standof the UGC is that the revision of age was applicable onlyto 0 0 Centrally 61ndedhigherand technical educationinstitutionsunder the purviewof I C5 and not to any employee of a college which is not fundedand maintainedby I theUGC However the StateGovemmentcould adoptthe decision for revisingthe Z age of supeation C 11 We have heardleamed counselfor theparOes andpenlsed the record I 12 Learnedcounsel for the submittedthat thoughrevision of Z age as per letter dated 23 3 007 was initially to funded Cn higherand technical education institutionscomingunder the purviewof this ne 2 ministryin order to overcome the shortage of teachers the effect of leuer dated ll 31 22008 para 86v was to extend the same to all Stateuniversities and collegesalso The State Govemmentshavingtaken flnancial assistanceof the Central Goveent and havingoptedto the revised pay scales could not reject revlSlOll of age of as the Stategovemmentshad to implement the scheme contained in Ietter dated31122008 as a compositeschemewithout any modiScation In supportof the said submission reliance has been placedon judgmentof learned SingleJudgeof Patna High Court dated 2082010 in CWP Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 402 12 CWPI 85of 2010 Cl P No11348of2010Dr0Sunity and others ve the StateofBihar and others 10201 1 in and WPC C9No363 of 2010 DreMaheshwarTiwary and others ve The State of and others In the context of PanjabUniversityit was submiuedthat though the Universitywas under the StateAct ie PanjabUniversity Act 1947it became inter statebodycorporateunder the PunjabReorganization Act 1966 Maintenance and grantsare to be sharedand paidby concernedStates asper directiveofthe CenualGovent The Vice Chancellorofthe University 1 inthemeetingheld on 2962010 informedthat theUniversity hasbeen considered C 0 Olndedinstituteunder section26d96ivlofthe Cenual Educational 0 to be a 0 in Admissionl Act 2006 CEI 2006 Actl Referencehas Institutions I also beenmadeto theopinionofthe AttomeyGeneraldated26102010 as underl It cannot be that the PunjabUniversity is one of the Z oldest in the col beingestablishedin 1882at Cc Lahore as East PunjabUniversity After partitionthe was reestablishedin India on Ist October 1947and I afterworking at differentplacesfmallymoved to C3 Z in 1956 The Ministryof is rightlyconcemed in seeing thatthis institutionis not starvedoffunds D A letter from Additional Secreta to Chai UGC dated l 12010 has also Z beenreferredto thefollowingeffectl Om 2 The matter has since been revisited The Central Govemmenthas obtained the opinionof leamed Attorney General for IndiaCcopyenclosed9 who has held that the earlier Vlew of the Central Govemment based on which the Central Govemment had indeedflled certain affidavits beforecourts of law in matters concerningPunjabUniversitywas erroneous Thisopinionofthe Attomeygeneralfor India paves the way to not onlySlnd PunjabUniversityfor the ose of expansion Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 13 CWPI103650f 2010 1 the CEI Act 2006but also enabling required for UGC to start meetingthe financialneedsofPunjabUniversity it was submittedthat thoughearlier thePanjabUniversitywas held Rmded universityin the judgment of this Court in not to be Centralor Dre AeCJulka and others v PunjabUniversityand tohers 000897SLR 198 the situationhas now changed 13 Itewas pointedout that the Central govemmentin an affldavitflled before PradeshHighCourtin similar writ petitions has taken a standthat 1 the schemedated31122008 was to the Statesand State 0 Universitiesfor beingeligiblefor apropriateCentral assistance Affidavit of the 0 Central Goveent has been filed as Annexure PA in CWP No16357 of2010 I C5 Leamedcounsel for the Stateand the State universitiesother than 14 I PanjabUniversityopposed the submission It was statedthat the decisionof the Z Govemment dated 2332007 to revise the age of to 65 0 only to Centrallyfunded hher and technical education years was I comingunder the purviewof this ministryin order to overcome the Z ofteachers Letter dated31122008 provided thatthe schemecould be CQ extendedto States providedStateGovemmentswish to adoptand implement the scheme Thus till the universitieswished to adoptthe scheme of Z revlSlOtl of age of therewas no automaticrevlSlOIl of age of tl superation Letter dated31 22008 was onlyaddressedto UGC letterdated 2022009 from the UGC to the StateGovemmentswas on the subject ofreimbursementoffinances involved Similar is the positionwith regardto leuer dated1132010 The 2010 Regulations also did not automatically revise the age of superation exceptin relation to Centrallyfunded higherand technical education institutions comingunder the purviewof this ministryin order to overcome the shortage of teachers In such a situation it was for the State 7 e n eJ epS0 Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document of 2010 14 3overnmentsand the State Universities to a decision to revlse the age of R in absenceof which the age of superation was as prescribed in the rules View taken in ofJharkhand and PMna High Courtscould not be followed in view ofjudgmentofthe Honble Supreme Coun inBe BharatKumar and others ve Osmania Universityand others 020079 11 SCC 58 which has been followed byDivision Bench of this Court in Dre AeC Julkae This beingthepositionin absenceofcontlict in the UGC Regulation anddecision of the State contentionof Regulationbeingcovered underEnoy66 of List I and 1 r thus ovenidingthe State legislationdid not arise as held in similar situationby 0 Honble the Supreme Court in Be Bharat Kumar and by this Court in Dre AeCe C40 Julka Distinction pointedout that when the issue was consideredin B Bharat I C5 Kumar and Dre AeCeJulka the decision was onlyexecutivedecision and now the I same hasbeen formalizedas a stamtoryprovisionby way of Regulation under Z section 26 of the UGC Act lS not significantThe Regulationitself limits the 0 applicability ofthe revised ageto Centrally lndedhigherandtechnical education institutionscomlIlg under the purviewof this ministry ln orderto overcome the t Z shortage of teachers leavingthe issue of extension to other institutionsas per c leUerdated 1132010 gulation2319 vmo 2 15 Learned counsel for the PanjabUniversitysubmittedthat the Panjab t1 was not a Central as earlier held by this Court in DreAeCeJuIkaand the revised age of was not applicableHowever on account of certain the issue whether it was Centrally81ndedwas a debatable1SSue and matter ln this regard WaS pendingwith the Central Goveent and the said university will abide by suchdecision as rnay be UikenbytheCentral Govemment At this stage the Panjab Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 405 15 CWPI 650f2010 1 stand whether it was centrally did not wish to take any Govemment 160 Learned for the CentralGovemment stated that he has no instructions in the mattere 17 In view of rival contentionsnoticedaboire we to deal with thequestions red for our Re2 310121008 m dated 31 122008 refers to revision of age of 18 The 0 233 2007 which applies to Centrallyfunded c vide letter dated higher and teclmical education comingunder the purview of this 0 I ministryin order to overcome theshortageof teachers As per sub para 601of Z para 8 theschememay be extendedto other institutionswho wish to adoptthe Clause 0glof sub para0p90v provides that centralassistancewas subjectto same r the scheme as scheme Thus the said schemedoes I Cl notenvisageautomatic revision of age to all institutionsunless the State Z Govemmentswish to adoptthe same Iftheydo not wish to adoptthe same it may Cll have on central assistancebeingprovided as mentionedtherein 7 Z of the said scheme in regulation does not changeits character as the also providesthat the schemedoes not extendto all the institutionsunless extended as per para 23 The matter was consideredby the Honble SupremeCourt with regardto similar scheme dated 2701998 and the schemewas held to be voluntaryThe contention that the scheme must be implemented as a compositeone was rejectedContention with regardto of Entry 66 of List I was also rejectedWe may quotebelow the relevantpart of 1 dated 271998 inrpretedby the Honble SupremeCoun ill Rawat Seema 2014.07.02 14: 37 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 406 16 CWP 565of 2010 1 l part of letter dated 31 121998 which we have to interpretfor and companson Letter dated 270701998 Letterdated 3101201998 8plvlgle Payment of central 40 Thepaymentof Centralassistance assistance for this scheme for ofthe schemeis also is also subject to the condition that the to the conditionthat the entire entireschemeof revision of pay scales schemeof revision of pay scales with all the conditionsto be with all the conditions to be laid down by the UGC