Point of Law: Regulations framed under Clause (g) of Section 26, which dealt with regulation and maintenance of standards and regulation of facilities in Universities.

JUDGMENT :

[P.B. Suresh Kumar, J.]

1. These writ appeals arise from the common judgment in two writ petitions, namely, W.P.(C) Nos.17442 and 17769 of 2022. As the writ petitions were disposed of by a common judgment, the appeals are also disposed of by this common judgment. Parties and documents are referred to in this judgment, unless otherwise mentioned, as they appear in W.P.(C) No.17769 of 2022.

2. The matter relates to the age of superannuation of teachers of private colleges affiliated to various Universities in the State covered by the Direct Payment Scheme of the State Government. The first petitioner in W.P.(C) No.17769 of 2022 is an association of Principals of affiliated to private colleges and the second petitioner is one of the members of the first petitioner association. The petitioners in W.P.(C) No.17442 of 2022 are Professors working in various private colleges in the State.

3. During 1998, the University Grants Commission (the UGC) notified a scheme for revision of pay scales, minimum qualifications for appointment and other service conditions of University and college teachers. The said scheme (the UGC Scheme) provided that the teachers will retire only at the age of 62 years. At the time of introduction of the UGC Scheme, teachers of private colleges in the State were being governed by the provisions contained in the respective University Statutes as regards their age of superannuation. In terms of the University Statutes, the age of superannuation of teachers is 56 years. Although the UGC Scheme was implemented in the State to a section of private college teachers, the prescription therein as regards the age of superannuation was not implemented in the State.

4. The UGC Scheme was replaced by the UGC on 30.06.2020 by the University Grants Commission (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 (the 2010 Regulations). The 2010 Regulations is part of the records in the writ petitions as Ext.P1. As in the case of the UGC Scheme, although the 2010 Regulations were also primarily framed to cover central universities and educational institutions under the control of the Government of India, there is a provision in the 2010 Regulations providing for extension of its application to State Universities, and educational institutions affiliated to such Universities, provided the State Government adopts and implements the 2010 Regulations as a composite one. The 2010 Regulations provided that the age of superannuation shall be in accordance with the decision of the Government of India as contained in Appendix I. Appendix I to the 2010 Regulations is a letter addressed by the Government of India to the Secretary of the UGC on 31.12.2008. Earlier, while the UGC Scheme was in force, as there was an acute shortage of teachers in the institutions funded by the Government of India, it was decided to enhance the age of superannuation of teachers in such institutions from 62 years to 65 years, and the said decision was conveyed to the UGC by the Government of India on 23.03.2007 as per Ext.P2 letter. In Appendix I, the Government of India reiterated its stand as regards the age of superannuation as stated in Ext.P2 letter. In other words, even though there is no specific provision in the 2010 Regulations as regards the age of superannuation of teachers, it proceeded on the premise that the age of superannuation of teachers shall be 62 years. The State Government implemented the 2010 Regulations in terms of Ext.P3 order. In clause 11.7 of Ext.P3 order, it was, however, clarified that the age of superannuation of teachers shall continue as at present.

5. The Government of India has been extending financial assistance to State Governments which adopt and implement the 2010 Regulations. As the scheme in the Regulations had to be adopted and implemented as a composite one in order t