Point of Law: Hon’ble Supreme Court has already found that “UGC Regulations” had undergone a change, consequent to decision of Government of India mentioned above and , an argument on contrary is tenuous.

JUDGMENT :

1. Once again, an attempt is made by the petitioners in these cases to obtain a declaration that the age of superannuation for members of Faculty of various affiliated Colleges in Kerala in the Private Sector, is 62 years and not 56, as is presently stipulated, relying upon the provisions of the applicable Regulations of the University Grants Commission (“UGC” for short).

2. Before I proceed to detail the essential facts involved in these cases, I must record that most of the issues - within the gamut of the contentions as reflected in the pleadings - have been considered by the Hon'ble Supreme Court in Dr.J. Vijayan & others vs. The State of Kerala & others (Civil Appeal No. 5037 of 2022 arising out of S.L.P.(C) No. 24287 of 2018). I will state presently the importance of this judgment, after the essential facts are noticed.

3. Among the two writ petitions above - which have been heard together - W.P.(C).No.17769 of 2022 has been filed by an Association of Principals of Colleges in Kerala, along with its President; while W.P.(C).No.17442 of 2022 has been filed by certain individuals, who are working as Professors and Principals in Private Colleges, affiliated the various Universities.

4. The common case of all the petitioners in these cases is that the applicable Regulations of the UGC, namely, “Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010”, ('UGC Regulations 2010' hereinafter for brevity) mandates that the scales of pay and other service conditions - including the age of superannuation - in Universities, Colleges and other Higher Educational Institutions, coming under the purview of the State Legislature and maintained by the State Governments, will be as per Clause 2.1.0 of it, which in turn, refers to Appendix I thereof. They point out that, as per Clause (f) of the said Appendix, the age of superannuation is 65; and thus, assert that, when the Government of Kerala concededly adopted the said Regulations, they were obligated to do so compositely, and not in “bits and pieces”, as has been done by them, while they issued their Order, bearing No.G.O.(P) No.58/2010/H.Edn dated 27.03.2010 - a copy of which is on record as Ext.P3 in W.P(C).No. 17769 of 2022.

5. The petitioners contend that the aforementioned Order - which specifies that the age of superannuation of Teachers in Kerala shall “continue as at present” (sic) - is in conflict with the “UGC Regulations, 2010”; and hence liable to be declared as void by this Court. As a corollary, they pray that the Government of Kerala be directed to implement the “UGC Regulations, 2010”, in its full and thus modify the age of superannuation as being at least 62 years, if not 65 years, as per the aforesaid Regulations.

6. I have heard Sri.P.Ravindran - learned Senior Counsel, instructed by Smt.Lakshmi Ramdas - learned counsel appearing for the petitioners in these two cases; Sri.S.Krishnamoorthy - learned Standing Counsel for the UGC; Sri.P.C.Sasidharan - learned Standing Counsel for the Calicut University and Sri.K.B.Ramanand - learned Special Government Pleader appearing for the official respondents..

7. It is inevitable that there can be any cause for the petitioners only if they are able to show that the facts projected by them in these cases are distinguishable or at variance with the one noticed by the Hon'ble Supreme Court in Dr.J.Vijayan (supra). This is because, even in the said case, a contention was raised that the age of retirement in Universities or other Educational Institutions in a State, cannot be different from that stipulated under the “UGC Regulations, 2010”; but it was concluded therein that the said Regulations had been modified, through a subsequent letter / proceedings issued by the Government of India, within the ambit of Section 20 of the University Grants Commission Act, 1956 ('the UGC Act' for short