The central legal point established in the judgment is the binding nature of the Regulations, 2010 framed by the All India Council for Technical Education, which enhanced the age of superannuation for teachers in Technical Institutions to 65 years, and the reliance on this statutory provision in determining the age of superannuation for the writ petitioners.

JUDGMENT

RAVI NATH TILHARI, J. - Heard Sri P. Durga Prasad, learned counsel for the appellant and Sri Gangaiah Naidu, learned Senior Advocate through virtual mode, assisted by Sri N. Bharat Babu, learned counsel for the respondent Nos.1 and 2, the writ petitioners in physical mode.

2. This Writ Appeal has been filed challenging the judgment/order dtd. 19/7/2022 passed by the learned Single Judge in W.P.No.19447 of 2016.

3. The 1st writ petitioner was working as Lecturer in Physics and the 2nd writ petitioner was working as Senior Instructor in M.R.K. Polytechnic, the appellant herein, the respondent No.4 in the writ petition. They were served with notice of retirement on attaining the age of 58 years in the year 2016, challenging the same the writ petition was filed, inter alia on the ground that the writ petitioners were entitled to continue upto 65 years as per All India Council for Technical Edcuation (in short, AICTE) Regulations. Alternatively, it was also pleaded that writ petitioners would be entitled to continue upto 60 years as per A. P. Education Act 1982 and Act 1 of 2015, which amended Sec. 78-A of the A. P. Education Act, 1982, to enhance the retirement age from 58 years to 60 years.

4. After contest, the learned Single Judge allowed the writ petition directing the respondents to continue the writ petitioners in service of the respondent No.4, the present appellant Institution till superannuation i.e. 65 years of age.

5. Sri P. Durga Prasad, learned counsel for the appellant submits that Sec. 78-A of the A. P. Education Act is not applicable to the writ petitioners. His submission is that the said provision applies to the private aided Educational Institutions, whereas the appellant is a private unaided institution.

6. However, we are not on the aspect as to whether the age of superannuation of the writ petitioners would be governed by Sec. 78-A of A.P. Education Act or not, in as much as the appellant Institution is certainly governed by the regulations framed by the All India Council for Technical Education.

7. The All India Council for Technical Education (Pay Scales, Service conditions and Qualifications for the Teachers and other Academic Staff in Technical Institutions (Diploma) Regulations, 2010), apply to Technical Institutions conducting technical education and such other courses/programmes and areas as notified by the council from time to time.

8. The Regulations, 2010, inter alia prescribe the age of superannuation. Such provision reads as under:-

"Age of Superannuation:-

i) In order to meet the situation arising out of the shortage of teachers in Technical Institutions and the consequent vacant positions therein, the age of superannuation for teachers in Technical Institutions has been enhanced to sixty five years, vide the Department of Higher Education letter No.F.No.1-19/2006-U.II dtd. 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.

(ii) Subject to availability of vacant positions and fitness, teachers shall also be reemployed on contract appointment beyond the age of sixty five years up to the age of seventy years. Reemployment beyond the age of superannuation shall, however, be done selectively, for a limited period of 3 years ie the first instance and then for another further period of 2 years purely on the basis of merit, experience, area of specialization and peer group review and only against available vacant positions without affecting selection or promotion prospects of eligible teachers.

iii) Whereas the enhancement of the age of superannuation for teachers engaged in class room teaching is intended to attract eligible persons to a career in teaching and to meet the shortage of teachers by retaining teachers in service for a longer period, and whereas there is no shortage in the categories of Librarians, the increase in the age of superannuation from the present sixty two y