The central legal point established in the judgment is that a conscious decision by the University Grants Commission is necessary to extend the retirement age of university teachers, and policy directives from the Central Government may have limited applicability.

1. In the first writ application, the petitioners are Teachers of Jai Prakash University, Chapra and in the second, they are Teachers of Tilka Manjhi Bhagalpur University, Bhagalpur. They seek a writ to the University to permit them to continue to be in service upto the age of 65 years and not to superannuate them at the age of 62 years. In other words, they want a declaration that the age of superannuation, which was hitherto 62 years, has stood extended to 65 years ostensibly in view of decision of the University Grants Commission ("UGC" for brevity). In the first writ application, UGC was, with the leave of this Court, added as a respondent. The other respondents are State of Bihar, the University, the College Principal and the Chancellor of the Universities, Bihar. All parties have appeared. The State and UGC have not filed any counter affidavit in these writ applications but both of them have filed their counter affidavits in another writ application being CWJC No 4843 of 2008 which is for the same relief by Teachers of B R Ambedkar Bihar University and on the same grounds. Those counter affidavits have been brought on record by the writ petitioners themselves by way of a supplementary affidavit and the learned counsel for the State and UGC have agreed that those counter affidavits may be taken as counter affidavits in the present proceedings as well. With the consent of all parties, these writ applications have been taken up for hearing and disposal at the stage of admission itself.

2. On behalf of petitioners, the contention is brief and straightforward. They contend that in view of the amended provisions of Section 67 (a) of the Bihar State Universities Act, 1976 as amended by the Bihar State Universities (Amendment) Act 2006 being Bihar Act 4 of 2006, no sooner the UGC increase the age of superannuation in respect of University staff, the same would automatically apply to all Universities without any further act to be done or action to be taken by the State Government or the Universities of Bihar. It is the correctness of this submission that has to be judged in the present case. In order to appreciate the contentions, it is first necessary to refer to certain provisions of the University Grant Commission Act, 1956 and the provisions of the Bihar State Universities Act, 1976 :

2. Definitions.- In this Act, unless the context otherwise requires,- (f) "University" means University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the Commission in accordance with the regulations made in this behalf under this Act.

12. Functions of the Commission:-

It shall be the general duty of the Commission to take in consultation with Universities or other bodies concerned, all such steps as it may think fit for the promotion and coordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under this Act, the Commission may- 20. Directions by the Central Government.- (1) In the discharge of its functions under this Act, the Commission shall be guided by such directions on questions of policy relating to national purposes as may be given to it by the Central Government.

(2) If any dispute arises between the Central Government and the Commission as to whether a question is or is not a question of policy relating to national purposes, the decision of the Central Government shall be final.

Bihar State Universities Act, 1976 : 67. Retirement from service.- "(a) Notwistanding anything to the contrary contained in any Act, Rules, Statutes, Regulation or Ordinance, the date of retirement of a teaching employee of the University or of a College shall be the date on which he attains the age of sixty two years. The date of retirement of a teaching employee will b