70 J IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 d r CWP N009665of2010 Dateofdecisionl 4 32Oll Profe S0SJ3indraand others eeOetitioners Vse The StateofPunjaband others And connectedpetitionsbeingCWP N0e1392of 2009 CWP Nose1268 1297 1324 1932 2661 3803 4583 to 4585 4607 4617 7176 7321 8823 9465 9773 106161107611972 1260312604127361288213117142651427714604 m 14693150011544715463155081562415880 16185162231635716961 17140171551716317400175451883719087191521925619501 18508 1857519596 19693 19699 19749 19841 19908 19935 20036 20225 20226 0 20296t020298204222061320320728207297502085421135to 0 21137 21159 21240 21241 22449 22673 22736 22818 and 23003 of 2010 AND 0 I CWP Nose184345 585 838 896 897 1001 1304 1386 1429 1495 1618 782 2065 3391 3464823492of2011 Z CORAM HONBLE MR JUSTICE ADARSH KUMAR GOEL 0 HONBLE MRe JUSTICE AJAY KUlWAR MITTAL I Presentle Dr BalramGuptaSr Advocatewith Ms Anamika Negi Advocate l CWP Nos665 15463 15508 C3 15624 17545 19087 19256 21159 22818 of 2010 and 14958 Z 346412011 QO Mr BM SinghAdvocate and Mr AnshulJoy Advocate n CWP Nos 7321 12882 14693 15001 7 Z 20296to 2029821136e 23003 of2010 and1429 3492 of20111 tl Mr SarjitSinghSr Advocatewith Mr Vikas SinghAdvocate6inCWP No4265 and19841of2010 Mr RK Malik Sr Advocatewith Ms Komal SharmaAdvocate n CWP Nos7176 8823 12603 to 12604158801696118837191520f2010 Mr Arun Nehra Advocate 0nCWP Mr RJO Anand Advocate6inCWP Mr Padam Kant Dwivedi Advocate 6inCWP Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 1 71 211517 CWPNo665 of2010 4 Nl ManojChahal Advocate 0n CWP Nos19501 20226 21135 21240 Mr SS SalarAdvocate Gn CWP Nol0616 20613 of 2010 85 184111 Mr Atul Kaushik 8sManjitSinghAdvocates in CWP No22673110 Mr AnupamAdvocate 6inCWP No71551109 Mr N Advocate iil CWP Mr AlC Bishnoi Advocate Ivh Kewal Kumari Advocate l CWPNos465110 8 1304111 1 0 Mr SaurabhArora Advocate n CWP N0s21241110lc 3391111 0 C Mr SubhashAha Advocate6inCWP No13861119 I Mr Ashok SehgalAdvocate n CWP No8511 19 C5 Nlr SudhanshuMakk Advocate Z in CWP No3921099 Mrlllilesh Bhdwaj Advocate n CWP Nos 1932 20728 20729 of2010 4t I Il4 SlC Tamak Advocat CWP Nos1324 11972 21137and 227360f2010 Z Mr SlC Arora Advocate OO in CWPNos19935110 896111 W Dr SuryaPrakh Advocate 6inCWP Nos1268 2661 4583to 4585 Z 4607 4617 and 19908of20101 for CL Mr JaswinderSinghDAG Punjab Mr AnupamGuptaAdvocate for PanjabUniversity Mr SC Sibal Sr AdvocatewithMr VS Rana Adv for Kshetra University Mr Amrit Pal Advocate for GuruNanak Dev University Mr Nl DahiyaAdvocate and Mr Amit Rao Advefor Mr SK Sharma Adv for UGC Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 72 CWP 365of 2010 4 5 1 Mr AshwinieBansal CentralGovt Counsel Mrs KamlaMalik CentralGovt Counsel Mr RajdeepS Cheema Advocate for 11 8 12 in CWP No12736110 10inCWPNo3117110 CWPNo16185110 for respondentNos8e 10 in CWP No 18575110 for in CWP No19749110 for Ee6 in CWP No0036110 Mr HemenderGoswamiAdvocate for No6 in CWP No896111 1 Mr SC NagpalAdvocate 1 for Nos 6 in CWP No7321110 for No6 in CWP No12882110 0 O Adarsh Kumar GoelJ C5 l e This order will disposeofa bunch of 100petitions mentionedabove I According to leamed counsel for the all the writ petitionsinvoIve Z common questionrelatingto claim of the writ petitioners for reVlSlOn of age of 2 retirementto 65 years The said claim is based on letter dated3122008 ofthe C Government of India addressedto the UniversityGrants Commission JGC followed by letter of the Govemmentof India dated1152010 to the Education Z Secretaries of all State Govemmentsand notification of UniversityGrants oo Commission Minimum for of teachers and other 7 Z Academic Staff in Universities and Collegesand other Measures for the fl Maintenance ofstandardsin Higher 2010 2 A bunch ofpetitions came up for hearing before leamedSingleJudge who vide order dated 4102010 referred the matter to the Division Bench as followsl 443 Since the final outcome of these caseS 1S likely to have far reachingrepercussions some lmpact on other Stateservices 0 Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 73 CWPNo665 of 2010 44 also it appearsinterealia that the followingimporta questions of law needto be by a Iargerbenc a1Whether the service conditions includingthe age of retirement in the sU1tury servlce rules framed under provisoto Article 309 ofthe Constitutionor under a statute can be deemedto have been amended by virtue of the CircularlScheme dated 3 122008 issuedbythe GovemmentofIndia2 b9Whether the Govemment of India is competento command the StateGovemmentslUniversities to increasethe age of retirementof a sectionofthe 1 C c9Whetherthe States have any lawful to bargeinto the Seld 0 of Education when thesubject matter is directlyreferableto Entry C0 66 ofList I Union List or Entry25 ofthe List III Concunent List I t5 only2 I d9 Whatwill be theimpactof the Govemmentof IndiaSchemeor the Ct Z UGC in the case of teachersworking in the lnter state 5r n2 Universities like PanjabUniversity C Ct e What is the scope of Statutory powersof UGC and whether such powers vvouldinclude the auority to lay the 0 Z conditionsof serviceincluding theageof retirement2 Cll 4 Admitted to DB Let the recordsofthese cases be placed before Honble the Chief Justice for enlistingthem before an appropriateBench on 3 Z 1510107 Om XX XXX XXX XXXX Accordinglythe matters have been placedbefore this Bench Severalother writ petitionsfiled afterthe order ofreference havealsobeen listed for hearing 3 CWP No665 of 2010 has been treated to be the maln petitionon suggestion of learned counsel for the parOesand pleadings are beingreferred to from the said petitionCase of thepetitioners is thattheyare teachingin differem of Guru Nanak Dev UniversityGNDU Their age 1S Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document cwpl 65 of 2010 P4 60years as per applicable rules The Govemment of India appointed Sixth Pay on 50006 to consider the demand of the Central Govemment for increasein salaryand of6ther serviceconditionsThe said Commissiongave its report on 2432008 which was approved by the Union Cabinet on 148008 The UGC an expertcommitteeto consider the claimof the teachersin Universitiesand collegesfor reVlSlOn of pay scales and otherallied issues headedby Prof GKChadha The Committee gave its repon revisionofpayscalesandenhancementofage to 1 meetthe situationarisingout of she of teachersandto auract eligibIeschoIars 0 to theteaching to improve the standardof qualityof highereducation 0 The said Committeealso recommendedrelgagement ofretired teachersuptothe I C5 ageof 70 yearSe 4 Based on considerationof thesaid reportthe Govemmentof India Z vide lettersdated2332007 conveyedits decision to revise age ofsuperation 0 of all persons holdingteachingpositionas on 1532007 to 65 years and also I c provided for reemploymentof suchteachersuptothe ageof 70 years The said age Z 4 was to Centrally81ndedhigherand technical education institutions CQ comingunder the purviewof this ministryin order to overeome the shortage of A7 z teachers ThereaRer vide letter dated 31 22008 Annexure P3 scheme for CL revisionofpayscaleswas bytheMinistry ofHRD to theUGC Therein issue of age of also Sgured in para 80 The said para alongwith sub paratp9ofpara8 are below 8 Other terms and conditions a9 to eleXXXX xx xx XX f0Age of ioin order to meet the situation arisingout of shortageof teachers in universitiesand other teachinginstitutionsand 1 Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 75 CWP 365of 2010 4 the consequentvacant positionstherein the age of superation for teachers 111 Central Educational insthuonhasalready been enhancedto sixtySve yearsvide the deptmentof highereducation letter NoFNo 1912006mU1Idated232007 for those involved in class room teaching in order to attract eligiblepersons to the teaching career and to retain teachersin service for a longer period ConsequmtOll upwardrevlSlOn of the age of of teachers the Central Govemment has alnhorizedthe CentralUniversitiesvide of highereducationDO letter NoF1e2412006Desk 6U e r dated 3032007to enhance the age of of 0 Vice chancellorsof CentralUniversities from 65 yearsto 70 0 years subject to amendmentsin the respective statutes with I the approval of the competentalnhorityTisitor in the case 0 of CentralUniversities I Ct iO subjectto availabilityof vacant p6sitionsand 6tness Z 5t teachersshall also be re employed on contract appointment C beyond the age of sixtyfive years uptothe age of seventy yearSe beyondthe age of C shall however be done selectively for a limited periodof Z threeyearsin the flrst instanceand thenfor another61rther periodof two yearspurely on the basis of merit C0 C1 area of merit experiencearea of and peer W Z groupreview and onlyagainstavailablevacant positions CL without affectg selectionor prospectsof eligibleteachers Whereas the enhancementof the age of for teachers engaged 111 class room teachingis intended to attract eligiblepersonsto a career ln teachingand to rneet the shortage of teachers by retainingteachersin servicefor a longerperiod and whereas there lS no shortagein the of librariansand Directors of PhysicalEducation the increase in the age of from the present 1 4Vnl 4 Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 76 CWP 365of2010 4 sixtytwo years shall not be available to the of r LibrariansandDirectorsofPhysicalEducation Xx Xx Xx XXX XXX pl Applicabilityof the Schemet i1This 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 of the revised scalesshall be subject to the C of all the conditions motioned in this letter as 0 well as to be framedbythe UGC in this behalf 0 Universities this schemeshall be advised by I C5 the UGC to amendtheir relevant statutesand ordinanceslll I Iine with the UGC to amend their relevant statutes and ordinancesin line with theoUGC within three Z monthsfromthe dateofissueofthis letter Q iil to iv9xx Xx Xx XY v1This schememay be extended to universities colleges 0 Z and otherhighereducationalinstitutionscomingunder the purviewof StateLegislature provided State Governments 11 wish to adopt and implementthe scheme subjectto the wm following terms and conditions Z 11 al Financeassistancefrom the CentralGovemmentto StateGovernmentsoptingto revisepay scalesofteachers and other cadre covered under the Scheme shall be limitedto the extent of 80Ieighty of the additional expenditure involved in the ofthe revision b1The state Governmentoptingfor revision of pay shall meet the remaining200Io Otwentypercent9of the additionalexpenditure from its own sources j W 9Il 1 Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 77 CWP 665of 2010 9 r cl to fJxx XX Xxx XXX xxx t gl Paymentof central assistancefor this schemeis also subjectto the conditionthat the entire schemeof revision of pay scales togeer with all the conditionsto be laid down by the UGC by way of and other guidelines shall be by State Govemments and universities and colleges comingunder their asa compositescheme withoutany modificationexceptin regardto the date of and scales of pay mentioned herein 1 above emphasis supied r 5 The UGC vide letter dated282009 Annexure PA addressedto 0 O EducationSecretariesof all the StateGovemments that the State I C5 Govemments may initiateimmediateactionfor of schemeof I reVlSlOn of pay in a time bound manner The letter also referredto the issue of Z enhancementof retent age The State of Punjabvide notiflcation dated 292009 revisedthepay scalesofteachersand cadresin the universities and colleges of the State wef l2006 mexure Pl as per letter dated 2 31122008 Annexure P and also stated that the scheme will be applicable subjectto acceptanceofconditions mentionedin the said leuer rll 3 6 CWP No16370 of2009 JagirSinghKahlon and othersv Stateof Z Punjab andanotherwas flledin thisCourt a directionforrevisionofage of retirementas per notification dated312008 and this Coun vide order ted 6A2010 directed the State Govemment to take a conscious policy decision Thereafler vide letterdated 1132010 AnnexureP7 the MinistryofIeOUOwrote to the State Goveents about the 1SSUe of revision of pay scale Referring to letter dated 3 1122008 it W8S mentioned that the schemecould be extended to institutionsunder the StateGovemments providedState Governments wish to adoptand implement the Scheme It was Alrther mentionedthat as per the said J P4 1 Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 78 CWP N9665 of2010 1 t letter the State Govemments are requiredto implementhe scheme as a one includingthe age of superation in para 8O of this Ministrysletter dated311220089together with all the conditions specifled orto be specified by UniversityGrants Commission UGC9by regulationsand other guidelines 7 ThereafterUniversity Grants Commission OMinimum for ofteachers and otherAcademicStaffin Universitiesand Colleges and other Measures for the Maintenanceof standards in HigherEducation m r Regulations2010 were notified vide notification dated 3062010 published in 0 GazetteofIndia dated 1892010 The said havebeen OamedbyUGC C under Section26 ofthe UGC Act 1956and are to Centralas well as C5 StateUniversities and affiliated collegesPara 2 provides that for er maintenanceofstandards in highereducationshall be as provided in the Annexure Z 1 TheAnnexure containsintereaIiafollowing r I 2leO The revisedscalesofpayandotherserviceconditionsincluding age C1 of superation in Central universities and other institutions Z maintained amVor Slnded by the UniversityGrants Commission 4 m UGC9 shall be strictlyin accordancewith the decision of the Central 4 Govemment MinistryofHumanResource 2 Z ofEducation as containedin AppendixI Cln 23The revisedscalesof pay and age of superation as provided ln Clause 21O above may also be extendedto Universities colleges and other highereducationalinstitutionscomingunder the purviewof the State Legislature and mintained by the State Govemments subjectto the of the scheme as a composite one ln adherence of the terms and conditions laid down in the MHRD notificationsprovidedas AppendixI and in the MHRD letterNo le 712010UII dated 11 May 2010 with all conditions speci6ed bythe 5 UGC in theseRegulations andotherGuidelines 0161vIw Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 79 CVVPI 65 of 2010 Appendix I is letter dated 31122008 Though thelBaba Farid Universityof SciencesFaridkot revised the age of superation to 65 years inspiteof directionof the CentralGovemment that assistanceto the StateGovemmentwill be applicableonly if the pay scales were revised as per scheme which was compositeone includingthe age of superation the StateGovemment and 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 age to 65 years m 8 In the replyflled by the Stateof Punjabthe stand taken is that the 0 matterof revision of age of was refened to a Commiuee The said 0 I Committeein its meeting held on 2962010 observedthat therewas no shonage of CD qualifled teachersin the Stateand therewas no needto enhancethe existing ageof Z retirement Accordinglythe State Govemment appliedfor relaxation of l instructions of the Central Govemment dated l l010 vide leuer dated r 1082010 Letter of the Governmentof India onlyrelated to conditionsfor grant I of flnancial assistancewhich is a rnatterbetween the StateGovemment and the Z Central Govemment Since the enhancement of age has serious financial 00 the State Govemmenthas not the rOVlSlOrl of age The 7 z Central Govemmenthas not givenany assistanceafter 1A2010 Letter dated CL 31122008 is basedon letter dated2332007 which WaS applicable to Centrally Slnded higherand technical educationinstitutionscomingunder the purviewof this ministryin order to overcome the shortage of teachers and thougJl as per letter dated 2822009 followed by letter dated 1132010 the same could be extendedto the Statesand Stateuniversities reimbursementwasto be applicable only if the StateGovemments the scheme as a compositepackage providedState Goveents wish to adoptand implementthe scheme The Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 80 CWP N 50f2010 1 r was not of automaticrevision of age The Regulationsadopting leuer dated 31 122008 were also accordingly limited in their applicability and the revised age was not applicable unless extendedto the StateGovernments and State universities Thus the petitionvvasliable to be dismissed 9e Stand of the Universityis that as per serVlCe rules adoptedby the age of retirementwas 60 andthe saidrules have not been andthusprayer in thepetitioncould not be accepted C 10 Stand of the UGC is that the revision of age was applicable only to 0 0 CentrallySlnded higherand technical educationinstitutionsunder the purviewof I and not to any of a college which is not 6mdedandmaintainedby the UGC However the StateGovemmentcould adoptthe decision for revising the Z age 2 r ll We haveheard leamedcounselfor theparties and perused therecord I 0 12 Learned counsel for the submittedthat though revision of Z age as per letter dated 233 2007 was initiallyapplicable to Centrally61nded CO higherand technical education institutionscomingunder the purviewof this 17 2 rninistry in order to overcome the ofteachers tlie effect of letter dated 9 O 31122008 para 8v1 was to extendthe same to all State universitiesand collegesalso The State Govemmentshavingtaken financialassistanceof the Central Govemment and havingoptedto the revised pay scales could not reJect reVlSlon of age of as the Stategovemmentshad to implement the schemecontained in letter dated 31 122008 as a compositeschemewithout any modiflcation In supportof the said submission reliance has been placedon judgmentof learned SingleJudgeofPatna High Courtdated 20010 in CWP Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 81 CWPI 65 of 2010 No 11348 of2010 Dr SunityPandeyand othersv the State ofBihar and others and of leamedSingleJudgeof JharkhandHighCourtdated 102011 ln WP 6 C9N0363 of 2010 DreMaheshwar Tiwaryand others v The State of Jharkhandand others Jn the context ofPanjabUniversityit was submittedthat thoughthe University was establishedunder the StateAct ie PanjabUniversity Act 1947 it became inter state bodycorporateunder the Punjab Act 1966 Maintenance and grantsare to be sharedand paidby concemedStates as per directive ofthe Central Govemment The Vice Chancellor ofthe University 1 r in themeeting held on 2962010 inrmed that theUniversity has beenconsidered 0 to be a CentrallySmded instimteunder section26d96ivlofthe Central Educational 0 Institutions Reservationin Act 2006 6CEI2006 Act Referencehas I C9 alsobeenmadeto theopinionofthe AttomeyGeneral dated26102010 as underl I It cannot be forgotten thatthe PunjabUniversity is one ofthe Z oldest Universities 111the countrybeingestablishedin 1882 at C2 Lahore as East PunjabUniversityARer partitionthe Universitywas remestablishedin India on Ist October 1947and I C after workingat differentplacesSnallymoved to Z ln 1956 The Ministryof I is rightlyconcemed in seeing thatthis institutionis not starvedof Slnds m A letter from Additional Secretary to Chairman UGC dated 1112010 has also Z beenred to the following effectl 2 The matter has since been revisited The Central Government has obtained the opinionof leamed AUomey General for India copy enclosed who has held that the earlier Vlew of the Central Government based on which the Central Govemment had indeed filed certain af8davits before courts of law in rnatters concemingPunjabUniversitywas erroneous This opinionofthe Attomeygeneralfor India paves the way to not only fund PunjabUniversityfor the purpose of expansion P Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 82 CWP 365of 2010 1 required for the CEI Act 2006but also enabling UGC to start meetingthe flnancial needsofPunjabUniversity Accordinglyit was submittedthatthoughearlier the PanjabUniversity was held not to be Central or Centrallyfunded university in thejudgmentof this Coun ltl Dre ACJulka and others v PunjabUniversity and tohers 00897 SLR 198 the situationhas now changed 13 It was pointedout that the Central govemmentin an affidavit filed beforeMadhyaPradeshHighCourt in similar writ petitions hastakena standthat 1 the schemedated 31122008 was to the Statesand State 0 Universities for beingeligiblefor Central assistanceAffidavit of the 0 I Central Govemmenthas been filed as AnnexurePA in CWP No16357 of2010 C5 14 Learned counsel for the State and the State universitiesother than I Panjab opposed the submission It was statedthat the decisionof the Z Central Govemment dated 2332007 to revise the age of to 65 years was applicableonlyto Centrallyfunded higherand technical education institutionscomingunder the purviewof this ministry in order to overcome the Z shortage ofteachers Letter dated31122008 provided that the schemecould be 00 extendedto States providedStateGovemmentswish to adoptand the scheme Thus Z till the StateslStateuniversitieswished to adoptthe scheme of r8VlSlOn of age of therewas no automaticreVlSlOn of age of Letter dated31122008 was onlyaddressedto UGC letterdated2022009 8om the UGC to the StateGovemments was on thesubject ofreimbursementoffinances involved Similar is the positionwith regardto letter dated 115010 The 2010 Regulations also did not automatically revlSe the age of except ln relation to Centrallyfunded higherand technical education institutionscomingunder the purviewof this ministryin order to overcome the shortageof teachers In such a situation it was for the State 1 1 s 7 7 r n 0 n Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWP 83 165of 2010 1 1 Govemmentsand the StateUniversities to take a decision to revise the age of ll in absenceof which the age of superation was as prescribed in the rules View takenin the of Jharand and PatnaHigh Courts could not be followed in view ofjudgment ofthe Honble Supreme Coun in BeBharat Kumar and others v Osmania Universityand others 620079 11SCC 58 which has been followed by Division Bench of this Court in Dre AeCeJulkae This beingthepositionin absenceofconOictin the UGC Regulation and decision of the State COntentlOllof beingcovered underEntry66 ofList I and 1 0 thus overriding the Statelegislationdid not anse as held in similar sihlation by 0 Honble the Supreme Court in Be Bharat Kumar and by this Court in Dre AeCe 0 Julka Distinction pointedout that when the issue was considered in B Bharat I C5 Kumar and Dre AeCeJulka thedecisionwas onlyexecutivedecisionand now the I same has beenformalizedas a statutory provisionby way of under Z section 26 ofthe UGC Act 1Snot significantThe Regulation itself limits the 2 Q applicability of the revised ageto Centrally indedhigherand technicaleducation I instutions comingunderthe purview of thisministry order to overcome the in Z shortage of teachers leavingthe issue of extension to other institutionsas per co letterdated 2319 72 15 Leamed counsel for the PanjabUniversity submitted that the Panjab Q was not a Central as earlier held by this Court in DreAeCJulka and the revised age of was not However on account of certain the issue whether it was CentrallySlnded wasa debatableissue and matter in this regard was pendingwith the CentralGovemmentand the said university will abide by suchdeciSionas may be takenby theCentralGovemment At this stagethe Panjab Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 84 CWP 3650f2010 1 Universitydid not wish to any particularstand whether it was centrally Slnded or not as the said issue is still to be decidedby the Central Govemment 16 Learned counsel for the Central Govemment stated that he has no instructionsin the matter 17 In view of rival contentionsnoticed above we proceed to deal with thequestions referredfor our adjudication Rel Deemed amendment to the statutOrvrules bv virtue of schemedated 3101202008 5 18 The scheme dated 31122008 refers to revlSlon of age of 00 vide letter dated 233 2007 which applies to Cenuallylnded I C5 higherand technical educationinstitutionscomingunder the purviewof this I ministryin order to overcome the ofteachers As per Subpara p of Z para8 the schememay be extendedto other institutionswho wish to adoptthe same Clause g9ofsub para p96v9provides that centralassistancewas subject to I the schemebeing as schemeThus the said schemedoes r not envisageautomatic reVlSlon of age to all institutionsunless the State Z Govemmentswish to adoptthe same Iftheydo not wish to adoptthe same it may C have ramificationon central assistancebeingprovidedas mentioned therein 7 Z Adoptionof the said schemein does not change its characteras the tl regulation 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 273998 and the scheme was held to be volu The contention that the scheme must be implemented asa compositeone WaS rejectedContention with regardto applicability of Entry 66 of List I was also rejectedWS may quotebelow the relevant partof letter dated 2731998 by the Honble SupremeCourt tll Batra Amit 2014.06.09 13: 34 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 85 CWP 565of 2010 1 and relevant