DR. KAMLESH KUMAR DHIMAN Vs. PANJAB UNIVERSITY, CHANDIGARH

JUDGEMENT

(1.) CM NOs. 7323 and 7347 of 2016 Civil Misc. No. 7323 of 2016 has been preferred by respondent No.6-Dr.Sandeep Puri, Professor, Homeopathic Medical College and Hospital, Sector 26, Chandigarh and Civil Misc. No.7347 of 2016 has been filed on behalf of respondent No.1 i.e. Panjab University, Chandigarh. These applications have been taken up for hearing together as the prayer in both these applications is for vacation of the stay order dated 20.6.2016 granted by this Court in favour of the petitioner.

(2.) Claim of the petitioner is that he is entitled to continue upto the age of 65 years as Principal of the private Homeopathic Medical College and Hospital, Sector 26, Chandigarh. Such Institution is affiliated to the Panjab University/respondent No.1. Case in a nut-shell set up on behalf of the petitioner in the main writ petition is that the age of retirement of Teachers/Principal in the Homeopathic Medical Colleges in the country would be governed by the Homeopathic Central Council (Minimum Standards Requirement of Homeopathic Colleges and Attached Hospitals) Regulations, 2013 and whereunder it has been prescribed that the age of superannuation shall be the same as laid down in UGC Regulations which, in turn, is 65 years. It is in the light of such contention that the petitioner has assailed the orders dated 2.6.2016 and 16.6.2016 at Annexures P10 and P12 respectively, whereby the respondent-Panjab University has direct retirement of the petitioner upon his having attained the age of 60 years and has declined extension to him. Petitioner's case is that the provisions of superannuation contained in the conditions of affiliation mentioned in the Panjab University Calender would not hold the field to the extent they are repugnant to the UGC Regulations.

(3.) On 20.6.2016, the petition came up for preliminary hearing before this Court and ex parte interim order was passed to the following effect: