ZILE SINGH Vs. NATIONAL INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) The writ petition seeks to quash the action of the respondent by which the petitioner was being retired at the age of 60 on 31.12.2009.

(2.) The contention of the petitioner was that as per the direction of the Government of India, Ministry of Human Resource Development, Department of Higher Education, the age of superannuation of Librarian, the cadre of physical education personnel of Centrally Funded Technical Institutions (CFTIs); and Registrar and Finance Officer of IITs, IISERs, NITs, IISC, Bangalore and other Deemed Universities would be on par with UGC and hence be fixed as 62 years, subject to their possessing the qualification and experience as prescribed by UGC from time to time. The enhanced age of superannuation of 62 years was directed to take effect from the date of the issue of the order namely on 16.09.2009. Admittedly, the petitioner was in service as on 16.09.2009. The petitioner, who had qualified in Physical Education and who held the post as a Lecturer, Physical Education was retired on 31.12.2009 on the basis that the petitioner did not possess the required qualification, as prescribed by the Minimum Qualification for Appointment of Teachers in University and Colleges and other Measures for the Maintenance of Standard, 2009, viz., the qualification of National Eligibility Test (NET) or other accredited test like SLET/SET in Physical Education conducted for the purpose by the UGC or any other agency approved by the UGC. The petitioner had all other qualifications but had not obtained qualification in NET. It was on this basis that the benefit of the Government Instructions was not given to the petitioner.

(3.) Learned Senior Counsel for the petitioner, Sh. Malik contends that the NET qualification was applicable only in respect of fresh appointments and would not apply to persons, who had already been working as a Lecturer. The qualification of NET was introduced for the first time in the year 1999 and even then an exception was made out to Lecturers, who had already been serving as such. The relevant proviso to the Regulations of 2000 as was extended by that time read as follows:-