IMPORTANT POINTS
(1) It is mandatory for UGC to be guided by directions issued by Central Government on questions of policy relating to national purposes by discharging its functions under UGC Act, 1956.
(2) A Judgment is a precedent for issue of law which is raised and decided – Discussions in a judgment cannot be read out of context and interpreted as dictum of Court.

JUDGMENT

Indira Banerjee, J.

Leave granted.

2. The University Grants Commission Act, 1956, hereinafter referred to as “the UGC Act”, was enacted to make provisions for the coordination and determination of standards in universities and for that purpose to establish a University Grants Commission, hereinafter referred to as “UGC”.

3. Section 20 of the UGC Act provides:

“20. Directions by the Central Government –

(1) In the discharge of its functions under this Act, the Commission shall be guided by such directions on questions of policy relating to national purposes as may be given to it by the Central Government.

(2) If any dispute arises between the Central Government and the Commission as to whether a question is or is not a question of policy relating to national purposes, the decision of the Central Government shall be final.”

4. In exercise of the powers conferred under Clauses (e) and (g) of sub-section (1) of Section 26 of the UGC Act 1956, the Ministry of Human Resource Development of the Government of India framed the University Grants Commission (Minimum Qualifications for Appointment of Teachers and Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010, hereinafter referred to as the “UGC Regulations”.

5. Regulation 2.0.0 of the UGC Regulations is reproduced hereinbelow :-

“2.0.0 PAY SCALES, PAY FIXATION FORMULA AND AGE OF SUPERANNUATION, ETC.

2.1.0 The revised scales of pay and other service conditions including age of superannuation in central universities and other institutions maintained and/or funded by the University Grants Commission (UGC), 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.

2.2.0 The pay scale shall, in the central universities and other institutions maintained and/or funded by the UGC, be fixed in accordance with the pay “fixation formula” developed by the UGC and approved by the Ministry of Human Resource Development (MHRD), as contained in Appendix-II.

2.3.0 The pay fixation formula for teachers shall apply for other positions in the Library and Physical Education and Sports cadres in the Central Universities and Colleges thereunder and Institutions Deemed to be Universities whose maintenance expenditure is met by the UGC.

2.3.1. The revised scales of pay and age of superannuation as provided in Clause 2.1.0 above, 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 No.F.1-7/2010-U II dated 11 May, 2010 with all conditions specified by the UGC in these Regulations and other Guidelines.

2.3.2. Subject to the availability of vacant positions and fitness, teachers such as Assistant Professor, Associate Professor and Professor only, may be re-employed on contract appointment beyond the age of superannuation, as applicable to the concerned University, college and Institution, up to the age of seventy years.

Provided further that all such re-employment shall be strictly in accordance with the guidelines prescribed by the UGC, from time to time.

2.3.3. All other aspects which are not covered in these Regulations, on applicability, financial assistance, date of implementation of revised pay and allowances and payment of arrears, etc. shall be as laid down in the MHRD Notifications provided as Appendix-I of these Regulations and the MHRD letter No.F.1-7/2010-U II dated 11 May, 2010.”

6. The UGC Regulations provided that the revised scale of pay and other service conditions shall be in accordance with Appendix-I, the relevant extract whereof is reproduced hereinbelow :-

“APPENDIX I

8. Other terms and con