FRANCIS Vs. UNIVERSITY GRANTS COMMISSION

JUDGEMENT

(1.) The appellant, a selection grade college lecturer in Commerce in an aided College, wanted to join for PhD study under the Quality Improvement Scheme offered by the UGC. The UGC Scheme provides that an applicant can apply for joining PhD course at any time before he/she attains the age of 50, and according to the appellant, the appellant applied and got UGC sanction on 09/03/2010 vide Ext.P5, when he was just below 50 years. However, the Government vide Ext.P18 rejected appellant's case because under the State Government norms, the applicant should get clearances from all agencies namely the UGC, Management, University and Government before he/she crosses the age of 50 years. By the time the appellant's application was considered by the Government he had crossed 51 years age and therefore, the appellant's claim was rejected. The appellant challenged the order of the Government by filing Writ Petition on the ground that the Government delayed processing of the application and so much so the appellant should not be made to suffer. The appellant has pointed out one instance where the applicant who crossed 50 years of age was allowed to join for PhD. The learned Single Judge however held that Ext.P15 Government Order does not authorise any person to join for PhD after the person crosses 50 years of age. It is against this judgment, the appellant has filed this Writ Appeal.

(2.) The appellant's counsel relied on the UGC Scheme and the instance where another applicant is said to have been given the benefit after he crossed the age of 50 years. Learned Government Pleader defended the judgment of the learned Single Judge stating that the Government order is binding and the same does not allow anybody in service to join for PhD course after the candidate crosses 50 years of age. In the first place, we cannot perpetuate a wrong or mistake committed in the case of another person by repeating it in this case also under orders of this Court. Therefore, violation of Ext.P15 Government Order in another case is not a ground for us to interfere in this case.

(3.) The difference between the UGC Regulation and Ext.P15 order of the Government is that while the UGC fixes the cut off age for candidates to apply for PhD study, under the Government order the requirement is that candidates should after obtaining all clearances join the PhD course study before the age of 50 years. In our view, the provision in the UGC Regulation in this regard has to be considered with reference to the retirement under UGC norms under which retirement age of college teachers is 65 years. In fact, some of the State Governments have accepted the UGC norms and they have raised the retirement age of teaching staff in Universities and Colleges to 65 years. Certainly there is logic in the UGC Regulation allowing college teachers to apply for PhD course at the age of 50 because even after taking PhD they will effectively have 12 years service. Contrary to this, retirement age in Kerala is 55 years and in our view, it will be an absolute waste to send college teachers for PhD study after they cross the age of 50 years because after acquiring PhD they will hardly have any service left to serve the student community. Improvement in quality of college teachers is for providing better quality coaching to students and this objective cannot be achieved by permitting college teachers to acquire PhD on the verge of their retirement. In our view, unless after acquiring PhD they have a reasonable period of service, say at least 10 years, there is no point in diverting senior college lecturers for PhD study on the verge of their retirement. Therefore, if at all the Government is going to reconsider Ext.P15 we feel there is only a case for reduction of upper age limit so long as retirement age remains 55 years. Of course, we have made the above observations keeping in mind the retirement age of lecturers which as of now is only 55 years and if the Government increases the retirement age certainly they can relax the norms with regard to upper age limit for granting permission for getting PhD.