IMPORTANT POINT
The court established that teaching staff have a right to enforce the statutory age of superannuation of 65 years, as per the University Grants Commission regulations.

JUDGMENT :

Hon'ble Siddharth, J.

Rejoinder-affidavit filed today is taken on record.

2. Heard Sri Ajay Rajendra, learned counsel for the petitioner, learned Standing Counsel, appearing on behalf of respondent No. 1, Sri Dinesh Chandra Mishra, learned counsel for the respondent Nos. 2 & 3 and Sri Rijwan Ali Akhtar, learned counsel for respondent No. 4.

3. This writ petition has been filed praying for quashing of the order dated 6.12.2021 passed by the respondent No. 3, the Director Administration and Monitering, Sardar Vallabhbhai Patel, University and Agriculture and Technology, Modipuram, Meerut. Further prayer has been made for directing the State Government to increase the age of superannuation of the petitioner/teaching staff of the aforesaid University and alter the statutes of the University.

4. The facts of the petition are that the petitioner was appointed on 20.11.1992 as Assistant Professor in Govind Ballabh Pant University and Agriculture and Technology, Udham Singh Nagar and he was transferred on 5.7.1999 from Research Centre Lohaghat, District Champawat to Research Centre, Nagina, District Bijnor in Moradabad Division by the University aforesaid and he worked there upto 26.5.2019 and thereafter transferred as Professor in Sardar Vallabhbhai Patel University of Agriculture and Technology, Meerut.

5. By the letter dated 6.12.2021 issued by the respondent No. 3, the petitioner would be superannuated on 30.4.2022 on completion of 62 years of age and session benefit has been given to him upto 30.6.2022. Sardar Vallabh Bhai Patel University of Agriculture and Technology, Meerut has no statute of its own and has adopted the provisions of statute of Chandra Shekhar Azad Agriculture and Technology University, Kanpur wherein the age of superannuation of teachers is 62 years.

6. The teaching members of Govind Ballabh Pant University, District Udham Singh Nagar filed a Writ Petition No. 52 of 2010 (S.B), Pant Teacher Association, Pant Nagar v. Chancellor, G.B. Pant University and another, which was allowed by the judgment and order dated 8.12.2021 by the Uttrakhand High Court increasing the age of superannuation of the teaching staff from 62 to 65 years. The state Government of Uttrakhand has also issued a Government order in this regard.

7. In the counter-affidavit filed on behalf of respondents, it has been stated that the petitioner has no right to get the age of superannuation enhanced from 62 years to 65 years. The Government orders issued by the State Government of Uttrakhand are not applicable to the State of U.P.

8. Learned counsel for the petitioner has submitted that item 66 of the Union List, contained in Seventh Schedule of the Constitution of India, authorises the Union of India to bring in laws for coordination and determination of standards in institutions for higher education or research and scientific and technical institutions. In exercise of legislative power, thus conferred, the Parliament enacted the University Grants Commission Act, 1956. Section 12 of the Act makes the Commission duty bound to take 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. Sub-clause (g) of Section 26(1) of the Act empowers the Commission to define qualifications that should ordinarily be required of any person to be appointed as teaching staff to Universities having regard to the branch of education in which he is expected to give instructions. The word ''qualifications'' used in sub-clause (e) of Section 26(1) of the Act encompasses age qualification. Therefore, it is well within the competence of the Commission to prescribe the minimum and maximum age. Until before 23rd March, 2007, the age of superannuation in centrally funded institution in higher and technical education was 62 years.

9. By the letter dated 23.3.2007 of the Government of India, Ministry of Human Resource Development