DR. N. GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are directed against Judgment of learned Single Judge holding that the Scheme adopted by the State Government was applicable to the petitioners in the Original Petitions who are Professors in various private colleges and fixation of their age of retirement at par with the employees of the State Government is in order to their case. The dispute is whether Scheme adopted by University Grants Commission (in short 'U.G.C'. is applicable so far as age of retirement is concerned. Reliance was placed on a decision of the apex Court in George v. State of Kerala (1) to hold so.

(2.) According to learned counsel for appellants, learned Single Judge did not notice the distinguishing features available in the present ease. According to him, the decision in George's case (1) supra, relates to the University Grants Commission Scheme, 1986 (hereinafter referred to as 'Scheme of 1986'). It is submitted that so far as the present case is concerned, the same is not in conformity with the Scheme contemplated by U.G.C. Strong reliance is placed on a letter of the U.G.C. addressed to the State Government, wherein it was specified as to the areas where there is scope for departure.

(3.) The following portion of the letter dated 24th December 1998 addressed to the Vice Chancellor of all the Universities and Education Secretaries of all the States/Union Territories was emphasised upon: