IN THE HIGH COURT OF BOMBAY AT GOA
BHARATI DANGRE, ASHISH S. CHAVAN
Vilasini Devi Nair – Appellant
Versus
Goa Institute of Management – Respondent
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 is
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 conflictin....
The main legal point established in the judgment is that the AICTE Regulations, UGC Regulations, and Council of Architecture Regulations are applicable to the age of superannuation of faculty members....
Point of law : There is no compulsion to accept or adopt the UGC scheme which enhanced the age of superannuation from 62 to 65 years.
AICTE regulations mandating a retirement age of 65 for faculty are statutory and binding on all institutions, including private ones.
AICTE regulations prevail over State laws in conflicts regarding retirement age, and courts should be cautious in granting interim relief that extends service beyond retirement age.
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....
The court emphasized the employer's discretion in fixing the age of superannuation and upheld the validity of Rule 19 of the 1974 Rules, highlighting the State's decision not to implement the UGC Reg....
Regulations framed under Clause (g) of Section 26, which dealt with regulation and maintenance of standards and regulation of facilities in Universities.
The central legal point established in the judgment is the binding nature of the Regulations, 2010 framed by the All India Council for Technical Education, which enhanced the age of superannuation fo....
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