IMPORTANT POINT
AICTE regulations mandating a retirement age of 65 for faculty are statutory and binding on all institutions, including private ones.

ORDER :

(Pulla Karthik, J.) :

Aggrieved by the action of the respondents in contemplating to retire the petitioner on attaining the age of 58 years instead of 65 years and consequently to direct the respondents to continue the petitioner in service till he attains the age of 65 years, the present Writ Petition is filed.

2) Heard Sri Gangaiah Naidu, learned senior counsel, representing Ms.G. Bhanu Priya, learned for the petitioner, learned Government Pleader for Services-I appearing for respondents 1 and 2, Sri Mahaboob Ali, learned counsel for respondent No.3, and Sri M. Surender Rao, learned senior counsel appearing for respondents 4 and 5.

3) It has been contended by the learned senior counsel appearing for the petitioner that the petitioner is an M.Tech (Mechanical) degree holder and he was appointed as Lecturer in Mechanical department of the 5th respondent-Institution on 16.06.1997, after following due procedure, qualification and experience prescribed by the All India Council for Technical Education (AICTE). Hence, he is entitled to be continued upto 65 years of age, as per the statutory regulations issued by AICTE. Learned senior counsel has contended that these regulations are statutory and mandatory in nature and non-implementation of these regulations would render respondents 4 and 5 in-eligible for approval being granted by AICTE every year, which is sine qua non for running the institution. Learned counsel has vehemently contended that the 5th respondent-Institution is approved by AICTE and regulated by the Rules and Regulations issued by AICTE from time to time. In exercise of the powers conferred under sub-section (1) of Section 23 read with Section 10 (g) (h) and (I) of the AICTE Act, 1987, the AICT has issued All India Council for Technical Education Pay Scales, Service Conditions and Minimum Qualifications for the Appointment of Teachers and other Academic Staff such as Library and Physical Education Personnel in Technical Institutions and Measures for the Maintenance of Standards in Technical Education – (Diploma) Regulations, 2019’ (in short ‘2019 Regulations’) on 01.05.2019. According to the said Regulations, which govern the service conditions of the Teaching Staff, the age of superannuation of faculty members is ‘65’ years. While drawing the attention of this Court to Regulation 2.12 of 2019 Regulations, the learned senior counsel has contended that even as per the 2010 Regulations, which were superseded by 2019 Regulations, the age of superannuation of teaching staff is ‘65’ years. Thus, the learned senior counsel has contended that the AICTE Regulations being statutory in nature, it is mandatory for any AICTE approved Institution to comply with the said Regulations. In exercise of the power conferred under clause (i) of Section 10 of the AICTE Act, initially, the AICTE has made recommendations regarding revision of pay-scales and service conditions of Teachers of Technical Institutions by its Notification F.No.1-65/CD/NCE/98-99, dated 30.12.1999, exclusively applicable to Teachers, Librarians and Physical Education personnel in Diploma Level Technical Institutions covered under the AICTE Act and as per Regulation 12.0, the age of superannuation of Teachers in Diploma level Institutions was increased to 62 years, as per Regulation 2.4 the pay-scales, qualifications and other associated terms as given in the said notification dated 30.12.1999 shall be applicable to all self-financing (Private unaided) Institutions such as the 5th respondent-Institution. It is further contended that the Hon’ble Supreme Court in Pramod v. State of Maharashtra, (2016) AIR (SC) 204 has held that the AICTE Regulations are statutory in nature and the age of superannuation prescribed under the AICTE Regulations has to be followed. Learned senior counsel has further contended that the AICTE has amended the 2010 Regulations in the year 2019 reaffirming the age of superannuation as 65 years, which was extendable upto 70 years of age ba