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S. SUNIL DUTT YADAV
Patil Malligemadu Chandrashekhar, S/o. Ayyanagouda – Appellant
Versus
State Of Karnataka, By Its Principal Secretary To Government Education Department – Respondent
ORDER :
(S. Sunil Dutt Yadav. J)
1. This order has been divided into the following sections to facilitate analysis:
| 1. | PRAYERS SOUGHT |
|
| BATCH - I | 133 | |
| BATCH - II | 143 | |
| BATCH - III | 148 | |
| 2. | CONTENTIONS OF PARTIES |
|
| BATCH - I | 162 | |
| BATCH - II | 170 | |
| BATCH - III | 175 | |
| 3. | LEGISLATIVE AND EXECUTIVE FRAMEWORK |
|
| UGC/CENTRAL AND STATE GOVERNMENT NOTIFICATIONS | 183 | |
| 4. | ANALYSIS |
|
| BATCH - I |
| |
| Whether the Government Order dated 15.10.2009 enhancing the age of superannuation to the Teaching Community of Universities drawing UGC Scales from 60 Years to 62 Years, while continuing the age of superannuation to other Teaching Community to be at 60 Years is valid in law? | 189 | |
| BATCH - II AND BATCH - III |
| |
| Whether the petitioners are entitled for enhancement in age of superannuation to 65 years? | 208 |
The three batches of Writ Petitions involve adjudication of similar legal questions relating to applicability of the University Grants Commission Regulations ('UGC Regulations') as regards the a
Regulations framed under Clause (g) of Section 26, which dealt with regulation and maintenance of standards and regulation of facilities in Universities.
(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 Judgmen....
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 superan....
UGC Regulations prescribing superannuation at 62 years for college teachers not binding on State Government employees unless expressly adopted by State via service rule amendments.
Hon’ble Supreme Court has already found that “UGC Regulations” had undergone a change, consequent to decision of Government of India mentioned above and , an argument on contrary is tenuous.
The court established that teaching staff have a right to enforce the statutory age of superannuation of 65 years, as per the University Grants Commission regulations.
University Grants Commission Regulations on superannuation are recommendatory and not binding on state universities, allowing discretion in their implementation.
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
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