R M SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants in the appeals are claiming that the age of superannuation for University Teachers should be sixty five, instead of 60 years, as prescribed by the University Grant Commission in the Regulations called "UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for Maintenance of Standards in Higher Education 2010, hereinafter referred-to as "the Regulations of 2010". The Single Bench has dismissed the writ application by the impugned order dated 5/8/2010.

(2.) The Regulations of 2010 have been framed in exercise of the powers conferred under Clauses (e) and (g) of sub-section (1) of Section 26 of University Grants Commission Act, 1956, hereinafter referred-to as "the UGC Act" and in pursuance of the MHRD O.M.No.F.23- 7/2008-IFD dated 23 rd October, 2008 read with Ministry of Finance (Department of Expenditure) O.M.No.F.1- 1/2008-IC dated 30 th August, 2008 and in terms of the MHRD Notification dated 31.12.2008. The Regulations of 2010 have been framed in supersession of the University Grants Commission (minimum qualifications required for the appointment and career advancement of teachers in Universities and Institutions affiliated to it) Regulations, 2000 issued by University Grants Commission vide Regulation No.F.3-1/2000 (PS) dated 4 th April, 2000, together with all amendments made therein from time to time. It has been provided in Regulation 1.2 of the Regulations of 2010 that they shall apply to every university established or incorporated by or under a Central Act, Provincial Act or a State Act, every institution including a constituent or an affiliated college recognized by the Commission. The applicability of the Regulations of 2010 is not in question in the instant case. Regulation 2 of the Regulations of 2010 provides that the minimum qualifications for appointment and other service conditions of University and College teachers, Librarians and Directors of Physical Education and Sports as a measure for the maintenance of standards in higher education, shall be as provided in the Annexure to these Regulations. The Annexure is part of the Regulation of 2010. The Regulation 2.1.0 provides that the revised scales of pay and other service conditions including age of superannuation in central universities and other institutions maintained and funded by the University Grants Commission, shall be strictly in accordance with the decision of the Central Government, Ministry of Human Resource Development (Department of Education), as contained in Appendix-I. Further in Regulation 2.3.1 with respect to revised scales of pay and age of superannuation as provided in Clause 2.1.0, it has been observed that it may also be extended to Universities, colleges and other higher educational institutions coming under the purview of the State Legislature and maintained by the State Governments, subject to the implementation of the scheme as a composite one in adherence of the terms and conditions laid down in the MHRD notifications provided as Appendix I and in the MHRD letter dated 11 th May, 2010. Regulation 3 of the Annexure deals with the recruitment and qualifications, according to which appointment is to be made on the basis of merit through all India advertisement; minimum qualification required for the post has been provided; minimum requirements of a good academic record at the master's level and qualifying in the National Eligibility Test has also been provided; and minimum marks with relaxation has also been provided. Regulation 4 of the Annexure takes care of the direct recruitment as necessary and such other matters for issuing standard publication have also been provided under the Annexure. However, what has not been provided in the Regulations of 2010, has been mentioned in the Communication of the Director, Govt. of India, Ministry of Human Resource Development, Department of Higher Education, dated 11 th May, 2010, which is addressed to the Education Secretaries of all State Governments, wherein it has been specifically mentioned that the State Governments are required to implement the scheme. Certain terms and conditions have been specified in the letter. One of the terms and conditions mentioned in para 4 of the said letter is that as per the terms and conditions of the Ministry's letter dated 31.12.2008, the State Governments are required to implement the scheme as a composite one, including the age of superannuation, mentioned in para 8(f) of the Ministry's letter dt.31.12.2008, together with all the conditions specified or to be specified by University Grants Commission by regulations and other guidelines. Para 8 of the said letter also insists that the scheme has to be adopted and implemented as a composite one, including adoption of the age of superannuation for those engaged in 'inclass' teaching and have been disbursed the salary based on revised pay scales and after scrutiny of the detailed proposal as may be received from the State Government.

(3.) The Communication of the Government of India, Ministry of Human Resource Development, Department of Higher Education dated 31.12.2008, which has been referred-to in the aforesaid Communication, lays down in para 8(f) that in order to meet the situation arising out of shortage of teachers in universities and other teaching institutions and the consequent vacant positions therein, the age of superannuation for teachers in Central Educational Institutions has already been enhanced to sixty five years vide the Department of Higher Education letter dt.23.3.2007 for those involved in class room teaching in order to attract eligible persons to the teaching career and to retain teachers in service for a longer period. Consequent on upward revision of the age of superannuation of teachers, the Central Government has already authorized the Central Universities vide Communication dt.30.3.2007 to enhance the age of superannuation of Vice Chancellors of Central Universities from 65 to 70 years, subject to amendments in the respective statutes, with the approval of the competent authority. Para 8(p)(v) deals with the applicability of the scheme, which provides that it may be extended to universities, colleges and other higher educational institutions coming under the purview of the State legislatures, provided State Governments wish to adopt and implement the Scheme subject to certain terms and conditions. In the terms and conditions, it has been mentioned in para 8(p)(v)(g) that the payment of Central assistance for implementing this Scheme is also subject to the condition that the entire Scheme of revision of pay scales, together with all the conditions to be laid down by the UGC by way of Regulations and other guidelines, shall be implemented by State Governments and Universities and Colleges coming under their jurisdiction as a composite scheme.