P.J. DHARMARAJ Vs. CHURCH OF SOUTH INDIA

JUDGEMENT

(1.) The present writ appeal is arising out of an order dated 04.09.2019 in W.P.No.45297 of 2018 passed by the learned Single Judge.

(2.) The facts of the case reveal that the writ petitioner was appointed initially in the Jawaharlal Nehru Technological University (JNT University) as a Lecturer in the year 1985 and was promoted to Assistant Professor/Reader in the year 1995 and to the post of Professor in the year 2000. He left the services of the JNT University thereafter. The facts further reveal that on 25.09.1998 an advertisement was issued by the CSI Institute of Technology/respondent No.2 for filling up the post of Director. The aforesaid institution was established in the year 1996-97. The petitioner was selected vide proceedings dated 26.11.1998. The appointment order is on record. The petitioner submitted a representation on 16.08.2018 requesting the respondents to continue him upto the age of 65 years keeping in view the All India Council for Technical Education (AICTE) and University Grants Commission (UGC) norms. As nothing was being done, he preferred a writ petition before this Court and the same was registered as W.P.No.39511 of 2018. By way of interim relief, the respondents were directed to consider the representation of the petitioner and pass appropriate orders, and after consideration, on 03.12.2018, the respondents rejected the petitioner's representation. The petitioner came up before this Court by filing the writ petition challenging the order of rejection of his representation dated 03.12.2018 claiming continuation of his services upto the age of 65 years.

(3.) The petitioner's contention is that the institution in which the petitioner was working is a technical institution and the norms prescribed for teachers and other staff are governed by the AICTE Regulations and the norms prescribed by the UGC. The petitioner by placing heavy reliance on the UGC Regulations on minimum qualifications for the appointment of teachers and other academic staff in Universities and Colleges and measures for the maintenance of standards in higher education, 2010, claimed his continuation upto the age of 65 years as under Regulation 3(i) of the UGC Regulations, the age of superannuation for teaching staff was enhanced in Central Educational Institutions to 65 years. The petitioner also placed reliance upon AICTE Notification dated 22.01.2010 which provided for age of superannuation was enhanced to 65 years. The undisputed facts also reveal that the institution in question, where the petitioner was working, is affiliated to JNT University, which is a technical university granting affiliation to all technical institutions in the State of Telangana and as per the statutes governing the field, the age of retirement of teachers in the entire State of Telangana is 60 years. It is an undisputed fact that the JNT University has not adopted the UGC Regulations nor the AICTE in the matter of age of superannuation and throughout the State of Telangana, the age of superannuation at the relevant time was 60 years only. The learned Single Judge has dismissed the writ petition and the relevant portion of the order passed by the learned Single Judge is reproduced as under:-