RAJENDER SINGH Vs. JIWAJI UNIVERSITY

JUDGEMENT

(1.) This petition, under Article 226 of Constitution of India, has been filed seeking the following relief (s):

(2.) Brief facts giving rise to the present of the case, in short, are that petitioner was appointed as a Research Assistant at LNIPE, Gwalior (M.P.) vide Office Order No.25/2714 dtd. 7/7/1981. Thereafter, the petitioner was appointed as Lecturer in Physical Education (Sports Psychology) vide Office Order No.25/373 dtd. 18/4/1985 at LNIPE, Gwalior (M.P.). Subsequently, the petitioner was promoted to the post of Lecturer in Senior Scale (Rs.3,000.005,000) vide Office Order No.614/21 dtd. 1/1/1991 at LNIPE, Gwalior (M.P.). Subsequently, vide order dtd. 29/12/1992, the petitioner was appointed as Director of Physical Education in the pay scale of Rs.4,500.00150-7,300/- vide Office Order No. Admin/Inst/921/6258. The petitioner joined the post of Director of Physical Education on 29/12/1992 (afternoon) at Jiwaji University, Gwalior (M.P.) after applying for lien at LNIPE, Gwalior. The petitioner was granted lien for a period of two years on the post of Senior Lecturer from LNIPE, Gwalior vide Office Order No. Conf/718/93 dtd. 29/3/1993. The members of the Selection Committee were nominated by the Standing Committee on behalf of the Academic Council as per the provisions of Sec. 49(2) of the Madhya Pradesh Vishwavidyalaya Adhinimyam, 1973 (for brevity, "the Act, 1973") under Agenda Item No.7(b), Page 267. It was resolved that the appointments to the posts of Director of Physical Education and Assistant Director of Physical Education be made in accordance with Sec. 49 of the Act, 1973. Two experts were nominated by the Standing Committee on behalf of the Academic Council as per the provisions of Sec. 49(2) of the Act, 1973. The resolution of the Standing Committee dtd. 13/5/1992 was approved by the Executive Council in its meeting held on 20/5/1992. The Kuladhipati nominated three experts to the Selection Committee for appointments in the Department of Physical Education to the posts of Director of Physical Education and Assistant Director of Physical Education, as per the provisions of Sec. 49(2) of the Act, 1973 with reference to D.O. Letter No. VC/92/317 dtd. 15/10/1992. The petitioner was appointed as Director of Physical Education, Jiwaji University, Gwalior on the recommendation of the Selection Committee duly constituted under the provisions of Sec. 49(2) of the Act, 1973, applicable to teaching faculty members. The appointment was approved by the Executive Council in its meeting held on 29/12/1992 under Item No.117. The petitioner joined the post of Director, Physical Education on 29/12/1992 (afternoon).

(3.) Learned counsel for the petitioner submits that by orders dtd. 26/6/2019 and 10/1/2020, the respondents have deliberately retired the petitioner at the age of 62 years, whereas the prescribed age of retirement as per the UGC Guidelines is 65 years. As per the UGC guidelines and in accordance with Clause 17 of Ordinance No.11, the petitioner has been recognized as a Supervisor by the subject university to supervise the Ph.D. Scholars in the field of Physical Education, Psychology and Education and has supervised thirty two Ph.D and one Post-Doctoral Fellow of UGC till to date and is still doing the same academic job as a supervisor to the other research scholars in Jiwaji University, Gwalior.