Physical education directors are categorized as non-teaching staff under University Ordinances, retaining a superannuation age of 62, despite claims of being treated as teachers for benefit purposes.

JUDGMENT

V. Kameswar Rao, J.

CM. No. 27732/2021 (for exemption)

Exemption allowed subject to all just exceptions.

Application stands disposed of.

CM. No. 27731/2021 (for delay)

This is an application filed by the applicants/respondent Nos.2 & 3 seeking condonation of 8 days delay in filing the written submissions.

For the reasons stated in the application, the same is allowed and the delay is condoned.

Application stands disposed of.

W.P.(C) 5652/2019

1. The present petition has been filed by the petitioner with the following prayers: -

"It is most humbly prayed that this Hon'ble Court may graciously be pleased to allow this Petition and may issue:

a) Writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction, for quashing, setting aside the decision of the Respondent no. 2 with respect to the age of superannuation of the Petitioner being 62 years communicate to the Petitioner vide letter dated 27.03.2019 (Annexure P1) and further through letter a dated 22.04.2019 (Annexure P2) and declaring the same to be arbitrary, unjust, unreasonable, unconscionable, null and void;

b) Pass any other or such further orders which this Hon'ble Court me deem fit and proper."

2. It is contended by Mr. M. Dutta, learned counsel appearing on behalf of the petitioner that petitioner worked in respondent No.2/Vivekananda College, University of Delhi as a Director of Physical Education (`DPE' for short) from July 17, 1981, to July 15, 1983, and further on an ad hoc basic from July 18, 1983, to August 29, 1983. Thereafter, respondent No.2/ College came out with an advertisement for the post of DPE. In pursuance to the said advertisement, the petitioner, on July 13, 1983, applied for the said post with respondent No.2/College.

3. Consequently, the petitioner herein was appointed to the post of DPE on a permanent and substantive basis. An agreement of service dated August 30, 1983, was also executed between respondent No.2/College and the petitioner.

4. Mr. Dutta stated that the Executive Council (`EC', for short) of the respondent No.1/University of Delhi passed Resolution No.127 dated November 10, 1990, wherein the EC accepted the recommendation made by the Academic Council wherein the designation of DPE was changed to Lecturer in Physical Education and further described the duties and functions of Lecturer in Physical Education. The relevant portion of the Resolution is reproduced below: -

"Ref: EC Resolution no. 546 dated December 26, 1981.

The Council vide above Resolution accepted the following resolution: -

The Executive Council resolved to accept the Academic Council recommendation on the Director of Physical Education as mentioned in Item B-515.

The Council further resolved that the change of designation of Directors of Physical Education to that of Lecturers in Physical Education be processed according to the provisions contained in the Statutes and Ordinances of the University."

5. The Dy. Registrar (Colleges) vide its letter dated January 11, 1991, addressed to the respondent No.3/Principal of the Vivekananda College, University of Delhi/conveyed Resolution No.127 dated November 10, 1990, wherein the designation of the DPE was changed to Lecturer in Physical Education. The relevant extract of the letter is reproduced below: -

"xxx xxx x