HAMDARD UNIVERSITY TEACHERS ASSOCIATIONS Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by two petitioners. Petitioner No.1 is Hamdard University Teacher's Association (HUTA). Petitioner No.2 is Dr. Mahmooduzzafar. By the writ petition, a challenge is laid to the continuation of the respondent No.5 as the Vice Chancellor of the respondent No.6-University till the age of 70 years. I am not reproducing all the prayer clauses inasmuch as the basic contention is that the respondent No.5 should not be allowed to continue till the age of 70 years or contractual period ending in October, 2013 since his tenure completes at the age of 65 years (having crossed the same) and the amendment which has been carried out in the rules and regulations of the respondent No.3-University to increase the retirement age of a Vice Chancellor to 70 years is illegal for the reasons which I will set out subsequently. In order to clarify the factual aspects, further so far as the contention of illegal continuation of the respondent No.5 is concerned, I may state that the appointment letter dated 22.9.2008 appointed respondent No.5 for five years or till the age of 65 years whichever is earlier and in the present case the respondent No.5 has already attained the age of 65 years but is sought to be continued for a period of five years on the ground that rules and regulations of the respondent No.6 have been amended to increase the age of retirement of the the Vice Chancellor to 70 years.

(2.) Before commencing arguments by the counsel for the parties, I heard the counsel for crystallizing the issues which will be called for decision by this Court. As per the submissions of the counsel for the parties, the following issues would arise for consideration:-

(3.) In order to have a proper appreciation of the issues at hand, at the outset I would seek to reproduce the relevant provisions of the rules and regulations of the respondent No.6, the relevant provisions of Societies Registration Act, 1860, relevant guidelines and regulations issued by the UGC from time to time and Section 3 of the University Grants Commission Act, 1956. These relevant provisions/rules/guidelines are as under:- Rules of respondent No. 6/University