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1993 Supreme(Bom) 53

A.P.SHAH
Prabha S. Kumar – Appellant
Versus
State of Maharashtra, through Dy. Director of Education, Gr. Bom – Respondent


JUDGMENT - A.P. SHAH, J.:---This writ petition under Article 226 of the Constitution raises an important question as regards the age of retirement of teachers transferred from senior college to junior college due to introduction of 10 + 2 + 3 system of education.

2. The essential facts which may be mentioned briefly for the purpose of this writ petition are as follows : The petitioner was appointed as a full-time tutor in English in Ramnarayan Ruia College (Ruia College for short) with effect from 7th November, 1963. The petitioner was confirmed in the said post on 27th November, 1965. Ruia College is run by an institution known as Shikshan Prasarak Mandali, Pune and the same is affiliated to the University of Bombay. The service conditions of the teachers teaching in Colleges and University are governed by the provisions of the Bombay University Act, 1974 and the Rules and Statutes made thereunder. As per the Statute laying down the conditions of service, their age of retirement is 60 years. From the academic year 1976-77, the State of Maharashtra introduced junior college pattern of education commonly known as 10 + 2 + 3 system. For the purpose of giving effect to the 10 + 2 + 3 s











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