The court established that AICTE Regulations, particularly regarding the age of superannuation for faculty, are mandatory and must be adhered to by recognized institutions, prevailing over conflicting local enactments.

JUDGMENT :

BHARATI DANGRE J.

1. Once again the issue of applicability of the AICTE regulations with reference to the age of retirement of an Assistant Professor of a Private Self Finance Standalone Institution, which has subjected itself to AICTE norms as the approval is confirmed by AICTE on year to year basis, has been raised before us.

We are conscious that, time and again, this very issue as to the age of retirement of the teaching/non-teaching staff working in a technical institution, which are governed by All Indian Council Technical Education (hereinafter referred to as AICTE) has warranted attention of various Courts throughout the country, including the Apex Court, and with the series of pronouncements on the said subject, we are called upon to answer the question in the backdrop of the factual sequence of events placed before us.

2. We have heard learned counsel Mr. Ajay Menon for the petitioner, Mr. Gaurish Agni for respondent no.1 and 2, Mr. Shubham Priolkar Additional Government Advocate for respondent no .3 and Mr. Karpe holding for Mr. Pravin Faldessai, the Deputy Solicitor General of India for respondent no.4.

By consent of parties, on the pleadings being completed we issue ‘Rule’ by making it returnable forthwith.

3. The facts place before us reveal that the petitioner completed under graduation in Medicine from Kerala University in the year 1998 and also completed her post-graduation in Hospital Administration (MHA), faculty of Medicine from Mahatma Gandhi University, Kerala. She was recruited as a lecturer in School of Medical Education, Mahatma University, Kerala from the years 2002 to 2004 and from 2004, she was holding the post of Assistant Professor of ‘Health, Economics, Management and Policy’ in Jimma University, Ethiopia under the United Nations Development Program. She completed 18 months research fellowship in Health Economics of Non-Communicable Diseases at Monash University and also completed her PHD in Health System Studies in June, 2019.

With this academic background she appeared for an interview held by respondent no.1, Goa Institute of Management and on 13/08/2019, received an ‘Offer of Appointment’ as a full time faculty member holding the post of ‘Assistant Professor’. Since, she was placed on probation, on its successful completion, on 26/08/2020, she received ‘confirmation of an offer of employment’ letter from the Goa Institute of Management declaring that she has successfully completed period of probation on 27/08/2020.

The petitioner was communicated with the subject performance review 2023 and she responded to the said communication on 2/06/2023 setting out the detail of the work undertaken by her.

It is the case of the petitioner that she was called to attend a meetin