The UGC Regulations apply to universities and colleges receiving substantial financial assistance from the State Governments and cannot be enforced on private unaided institutions. The age of superannuation is a condition of service falling under the State List, making the rule of repugnancy inapplicable.

JUDGMENT

R. Devdas, J. - Issue a writ of mandamus directing the respondents to continue the services of the petitioners till they attain the age of 65 years, in terms of the UGC Regulations dated 30.06.2010 and 18.07.2018-is the prayer in both these writ petitions. Therefore, these writ petitions are clubbed, heard and disposed of by this common order.

2. Writ Petition No. 10638/2021 is filed by Dr. R.N. Bhaskar, who is working as the Dean of Post Graduate studies at the University of Agricultural Sciences, Bengaluru (for short, hereinafter referred to as 'the University'). The other writ petition is filed by Dr. A.M. Shailaja and Dr. Aruna. D.R., who are working as Professors at V.S. Dental College, Bengaluru. It is not disputed that V.S. Dental College is affiliated to the Rajiv Gandhi University of Health Sciences, Bengaluru, but it is contended that the Regulations of the Dental Council of India and the University Grants Commission are binding on the institution. Initially, it was contended that the Regulations of the AICTE are applicable and binding to the institution. However, subsequently, the grounds and prayer were amended stating that the Regulations of the Dental Council of India and the University Grants Commission are binding on the institution, along with the Regulations of the AICTE.

3. Learned Senior Counsel Sri. V. Lakshminarayana, appearing for the petitioners in both the matters contended that the Government of India, Ministry of Human Resource Development and the Department of Higher Education, New Delhi, wrote to the Education Secretaries of all State Governments, on 11.05.2010, that in order to implement the recommendations of the 6th Pay Commission and the financial burden befalling the State Governments, the Union of India has decided to reimburse 80% of the additional requirements of the State Governments, subject to condition that the scheme may be extended to Universities, Colleges and other higher Educational Institutions coming under the purview of the State Governments receiving substantial financial assistance for its maintenance and operations from the State Governments, provided State Governments 'wish' to adopt and implement the scheme, subject to the terms and conditions prescribed therein. One of the conditions was 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 the State Governments and Universities and colleges coming under their jurisdiction as a composite scheme without any modification except in regard to the date of implementation and scales of pay mentioned therein. Following the directions of the Government of India, the UGC proceeded to issue the UGC Regulations dated 30.06.2010.

4. Drawing the attention of this Court to Clause 1.2 of the UGC Regulations, 2010, learned Senior Counsel submits that the Regulations 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 UGC, in consultation with the university concerned under Clause (f) of Section 2 of the UGC Act, 1956 and every institution deemed to be a University under Section 3 of the UGC Act.

5. However, when it was pointed out that similar question came up for consideration before the Hon'ble Apex Court in the case of Jagdish Prasad Sharma And Others Vs. State of Bihar And Others, (2013) 8 SCC 633 and during the course of the proceedings the Central Government had by its letter dated 14.08.2012, clarified the position and had made it clear that the question of enhancement of the age of superannuation is exclusively within the domain of policy making powers of the State Government and that 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 reimbur