IMPORTANT POINT
There is compulsion to accept and/or adopt the Scheme of revision of pay of teachers and other equivalent cadres in all the Central universities and colleges and Deemed Universities, the States are free to decide as to whether the scheme would be adopted by them or not. There can be no automatic application of the recommendations made by the University Grants Commission.

Headnote:Bihar State Universities (Amendment) Act, - Section 67(a)- In the amended provisions of Section 67(a) it has been categorically stated that the age of superannuation of non-teaching employees would be 62 years and, in no case, should the period of service of such non-teaching employees be extended beyond 62 years- A difference had been made in regard to the teaching faculty whose services could be extended up to 65 years in the manner laid down in the University Statutes- There is no ambiguity that the final decision to enhance the age of superannuation of teachers within a particular State would be that of the State itself-The right of the Commission to frame Regulations having the force of law is admitted- However, the State Governments are also entitled to legislate with matters relating to education under Entry 25 of List III- So long as the State legislation did not encroach upon the jurisdiction of Parliament, the State legislation would obviously have primacy over any other law-If there was any legislation enacted by the Central Government under Entry 25 List III, both would have to be treated on a par with each other- In the absence of any such legislation by the Central Government under Entry 25 List III, the Regulation framed by way of delegated legislation has to yield to the plenary jurisdiction of the State Government under Entry 25 of List III. (Para 13, 64)
        Constitution of India, 1950- Art. 309 read with VII Schedule- Entry 66 List I-There is no doubt that the Regulations framed by the UGC relate to Entry 66 List I of the Constitution in the Seventh Schedule to the Constitution, but it does not empower the Commission to alter any of the terms and conditions of the enactments by the States under Article 309 of the Constitution. (Para 57)
        Constitution of India, 1950- Entry 25 of List III- The State is entitled to enact its own laws with regard to the service conditions of the teachers and other staff of the universities and colleges within the State and the same will have effect unless they are repugnant to any central legislation- Education now being a List III subject, the State Government is at liberty to frame its own laws relating to education in the State and is not, therefore, bound to accept or follow the Regulations framed by the UGC. (Para 57, 59)
        Scheme of revision of pay of teachers and other equivalent cadres in all the Central universities and colleges and Deemed Universities, 2008-Paragraph 8(f) - Condition of retirement at age of 65 years- Central Government had by its letter dated 14th August, 2012, clarified the position and had made it clear that the question of enhancement of the age of retirement is exclusively within the domain of the policy-making powers of the State Governments and that the condition of enhancement of the age of superannuation to 65 years, as mentioned in the Ministry’s letter dated 31.12.2008, may be treated as withdrawn for the purpose of seeking reimbursement of the Central share of arrears to be paid to the State University and College teachers. (Para 33)
        University Grants Commission Act, 1956- Section 12- Commission empowered to inquire into the financial needs of the Universities, allocate and disburse grants to Universities. empowered to allocate and disburse, out of such Funds, such grants to other Universities and institutions deemed to be Universities, as it may deem necessary or appropriate for the development of such Universities or for the maintenance or development or for any other general or specified purpose. (Para 4)
        University Grants Commission Act, 1956- Section 25- Empowers the Central Government to make Rules- The authority of the Commission to frame Regulations with regard to the service conditions of teachers in the centrally- funded educational institutions is well established. (Para 57)
        University Grants Commission Act, 1956- Section 26- Empowers the Commission to make Regulations consistent with the provisions of the Act and the Rules made thereunder, by notification in the Official Gazette inter alia in regard to defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the University having regard to the branch of education in which he or she is required to give instructions and to define the minimum standards of instructions for the grant of any degree by any University- The Commission is empowered to frame Regulations under Section 26 of the UGC Act, 1956, for the promotion and coordination of university education and for the determination and maintenance of standards of teaching, examination and research-If the States wish to adopt the Regulations framed by the Commission under Section 26 of the UGC Act, 1956, the States will have to abide by the conditions as laid down by the Commission. (Para 59)
        University Grants Commission (Minimum Qualifications required for the appointment and career advancement of teachers in Universities and institutions affiliated to it) Regulation, 2000- Not provide for the age of superannuation- The acceptance of the scheme in its composite form was made discretionary and, therefore, there was no compulsion on the State and its authorities to adopt the scheme. (Para 58)
        UGC Regulations on minimum qualifications for appointment of teachers, other academic staff in Universities and colleges and measures for the maintenance of standards in higher education, 2010 -Condition stipulated by the Commission was that along with the enhancement of pay, of which 80% would be borne by the Commission, the other condition of the Commission was that the age of the teachers would be enhanced to 65 years, and that the balance 20% of the expenditure would have to be borne by the State from its own resources till 31.3.2010, and, thereafter, the entire burden of expenditure would have to be borne by the State.- There being no compulsion to accept and/or adopt the said scheme, the States are free to decide as to whether the scheme would be adopted by them or not- There can be no automatic application of the recommendations made by the Commission, without any conscious decision being taken by the State in this regard, on account of the financial implications and other consequences attached to such a decision. (Para 18, 65)
        UGC Regulations on minimum qualifications for appointment of teachers, other academic staff in Universities and colleges and measures for the maintenance of standards in higher education, 2010 -Where the State Governments themselves have taken a decision to adopt the scheme, in such cases, the consequences envisaged in the scheme itself would automatically follow. (Para 66)
       Facts of the case:
        The regulations on minimum qualifications for appointment of teachers, other academic staff in Universities and colleges and measures for the maintenance of standards in higher education, 2010 framed by the University Grants Commission were prayed to be enforced as having a binding effect on educational institutions being run by the different States and even under State enactments. The question was whether the age of superannuation of teachers working in different Universities and colleges would utomatically be enhanced to 65 years under these regulations.
       Findings of the Court :
        There being no compulsion to accept and/or adopt the Scheme of revision of pay of teachers and other equivalent cadres in all the Central universities and colleges and Deemed Universities, 2008, the States are free to decide as to whether the scheme would be adopted by them or not. There can be no automatic application of the recommendations made by the Commission, without any conscious decision being taken by the State in this regard, on account of the financial implications and other consequences attached to such a decision.
       Result :
       Appeals filed by the State of Uttarakhand and Civil Appeals arising out of SLP(C) Nos. 6724, 13747 and 14676 of 2012 allowed.
       All other appeals dismissed.
       Transfer Petition Nos. 1062-1068 OF 2012 allowed.
       Transferred Cases are dismissed.
       Persons who have continued to work on the basis of the interim orders passed by this Court or any other Court, shall not be denied the benefit of service during the said period.

JUDGMENT

ALTAMAS KABIR, CJI.

1. Leave granted in the Special Leave Petitions, which were taken up along with the Writ Petitions and Transferred Cases, as they all involve common questions of law and fact.

2. The common thread running through all these various matters is the question as to whether certain regulations framed by the University Grants Commission had a binding effect on educational institutions being run by the different States and even under State enactments.

3. The University Grants Commission Act was enacted by Parliament in 1956 inter alia with the object of making provision for the coordination and determination of standards in Universities and for that purpose, to establish a University Grants Commission, hereinafter referred to as the “Commission”. Under the University Grants Commission Act, 1956, hereinafter referred to as the “UGC Act”, the Commission is required to take, in consultation with the Universities or other concerned bodies, all such steps as it may think fit for the promotion and coordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities.

4. Section 12 of the UGC Act inter alia empowers the Commission to inquire into the financial needs of the Universities, allocate and disburse grants to Universities established or incorporated by or under a Central Act, out of the Funds of the Commission for the maintenance and development of such Universities or for any other general or specified purpose. The Commission was also empowered to allocate and disburse, out of such Funds, such grants to other Universities, as it may deem necessary or appropriate for the development of such Universities or for the maintenance or development or for any other general or specified purpose. The Commission was further empowered to allocate and disburse, such grants to institutions deemed to be Universities, as it deemed necessary, for similar purposes.

5. Section 25 of the UGC Act empowers the Central Government to make Rules to carry out the purposes of the Act by notification in the Official Gazette, with regard to the formation and the functioning of the Commission. Section 26 empowers the Commission to make Regulations consistent with the provisions of the Act and the Rules made thereunder, by notification in the Official Gazette inter alia in regard to defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the University having regard to the branch of education in which he or she is required to give instructions and to define the minimum standards of instructions for the grant of any degree by any University. In keeping with their statutory character, the Rules and Regulations framed by the Central Government and the Commission are required to be placed before each House of Parliament, while it is in session, for a total period of 30 days.

6. Section 20 of the UGC Act, particularly, provides that in the discharge of its functions under the said Act, the Commission is to be guided by such directions on questions of policy relating to national purposes, as may be given to it by the Central Government.

7. On 24th December, 1998, the Commission issued a Notification on revision of pay scales, minimum qualification for appointment of teachers in Universities, colleges and other measures for the maintenance of standards. In Clause 5 of the Notification, it was specified that the Commission expected that the entire scheme of revision of pay scales, together with all conditions attached to it, would be implemented by the State Governments, as a composite scheme without any modifications, except for the date of implementation and the scales of pay, as indicated in the Government of India Notifications dated 27.7.1998, 22.9.1998, and 6.11.1998. Clause 16 of the Notification also indicated that the teachers will retire at the age of 62 years, but it would be open to a University or

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2013 Supreme(SC) 654

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