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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S. SUNIL DUTT YADAV, J.
Mr. Patil Malligemadu Chandrashekhar, S/o. Ayyanagouda and Ors. – Petitioners
Versus
State Of Karnataka, By Its Principal Secretary To Government Education Department and Ors. – Respondents
Writ Petition No.8888/2020 (S-RES) C/W W.P.No.7223/2020, W.P.No.7277/2020, W.P.No.8314/2020, W.P.No.8889/2020 W.P.No.8992/2020, W.P.No.9370/2020, W.P.No.10369/2020, W.P.No.15360/2020, W.P.No.3515/2021, W.P.No.3589/2021, W.P.No.11071/2021, W.P.No.13790/2021, W.P.No.13880/2021, W.P.No.15412/2021, W.P.No.19513/2021, W.P.No.22629/2021, W.P.No.24520/2021, W.P.No.2344/2022, W.P.No.4087/2022, W.P.No.4939/2022, W.P.No.7531/2022, W.P.No.7552/2022, W.P.No.7734/2022, W.P.No.8049/2022, W.P.No.9024/2022, W.P. No.9069/2022 W.P.No.9700/2022, W.P.No.9702/2022, W.P.No.9787/2022, W.P.No.9808/2022, W.P.No.10014/2022, W.P.No.10105/2022, W.P.No.12020/2022, W.P.No.12605/2022, W.P.No.12861/2022, W.P.No.12880/2022, W.P. No.9471/2022, W.P. No.12953/2021, W.P. No.13047/2021, W.P. No.1278/2022, W.P. No.1579/2022, W.P. No.9011/2022, W.P. No.9788/2022, W.P. No.11879/2022, W.P. No.12373/2022, W.P. No.13367/2022, W.P. No.13728/2022, W.P. No.10426/2022, W.P. No.4089/2022, W.P. No.9016/2022.
Decided On : 17-02-2023
Karnataka State University Act of 2000 - Section 40(t) - Constitution of India, 1950 - Article 14, 16 - UGC Act, 1956 - Section 12B, 20 - Constitution of India, 1950 - Article 309, 254(2) - Karnataka Education Act, 1983 - Karnataka Educational Institutions (Collegiate Education) Rules 2003 - Enhancement in age of superannuation - Retirement age - Issue order or direction to fix retirement age to 62 years for Petitioner with retirement age of teaching community of University and Government Colleges as per UGC regulations where retirement age is 62 Years, by quashing part of Government Order - Whether petitioners are entitled for enhancement in age of superannuation to 65 years – Aspect of prescribing qualifications fall within domain of maintenance of standards which has nothing to do with aspect of superannuation that falls within Article 309 of Constitution of India and operates in a separate sphere - Para 5(xii).
Finding of the Court:
Policy would have to be adopted by State Government taking into account a number of factors - As contended before Court by learned Additional Advocate General, State of Kerala does not suffer from a dearth of qualified candidates to be appointed as teachers - There are a large number of qualified teachers, including Ph.D. Holders who are waiting for employment - They are persons trained in advanced methods of instruction and teaching techniques - At same time, teachers like appellants who are approaching retirement age are not persons who could be described as aged or infirm - They are in their prime of life, endowed with rich experience both in teaching as well as in guiding research projects - Wisdom of decision to superannuate them at such a prime point of time in their lives is also questionable - A decision can be taken only by balancing both above aspects as well as other relevant factors that may require to be taken into account - UGC Regulations, 2010 cannot affect State laws governing age of superannuation - UGC Regulations have in recognition of above position granted a discretion to State to take a decision with respect to manner of implementation of Regulations - Accordingly, State Government has decided not to enhance age of retirement.
Result: Petitions dismissed.
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 age of superannuation and accordingly are taken up together and disposed off by this common order.
2. In order to facilitate analysis, the Writ Petitions are divided into the following batches:-
BATCH - I
2.1 This batch of Writ Petitions relate to those working as Lecturers, Principals and Associate Professors in Government Aided and in Colleges Affiliated to Universities and the prayers sought in the memorandum of Writ Petitions are as hereunder:-
| SL. NO. | CASE NO. | PRAYER |
| 1. | W.P. 12880/2022 | a) Issue a writ of mandamus or an order or a direction directing the Respondents to fix the retirement age to 62 years for the Petitioner on par with the retirement age of teaching community of University and Government Colleges as per UGC regulations where retirement age is 62 Years, by quashing part of the Government Order No.ED-37 UNE 2009 (P) Bengaluru dated 15.10.2009 vide Annexure-A where the retirement age of the petitioner is 60 Years and to pass orders within time frame specified by this Hon'ble Court. |
| 2. | W.P. 9069/2022 | a) Issue a writ in the nature of mandamus or an order or a direction directing the Respondents to fix the retirement age as 62 years for the Petitioner on par with retirement age of teaching community of Universities and Government Colleges under UGC Regulations as per which retirement age is 62 years by quashing part of the Government order No.ED37 UNE 2009 (P) Bangalore dated 15.10.2009 vide Annexure-A where the retirement age of the petitioner is 60 years and to pass orders within time frame specified by this Hon'ble Court. |
| 3. | W.P.No.3589/2021 | a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.ED 02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b) Same as Prayer-(a) in W.P.No.9069/2022. |
| 4. | W.P.No.3515/2021 | a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 5. | W.P.No.19513/2021 The Petitioner is director of Physical Education | a) Issue a Writ of Certiorari by setting aside or quashing the order of Government of Karnataka through the Principal vide letter dated 22.02.2021 have notified the retirement of the Petitioner has 31.10.2021vide Annexure-B only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b) Same as Prayer-(a) in W.P.No.9069/2022. |
| 6. | W.P. No.8 | |
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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