UGC Regulations not binding on state university constituent nursing colleges for retirement age without state adoption; nursing faculty retire at 60 years per INC norms and state policy, distinct from university faculty cadre.

O R D E R (FINAL)

HON’BLE MR. PRASANT KUMAR, MEMBER(Admn.)

01. The The instant TA No. 161 of 2024 was initially filed before the Hon’ble High Court of Jammu & Kashmir and Ladakh, Srinagar as WP(C) No. 995 of 2023. On the request of the applicant the instant case was transferred from Hon’ble High Court of Jammu & Kashmir and Ladakh, to this Tribunal vide order dated 18.9.2024 and was registered as TA No. 161 of 2024 in this Bench.

02.The applicant, an Associate Professor (Nursing) in Alamdar Memorial College of Nursing and Medical Technology, Charar-i-Sharief, Budgam, a constituent college under the Islamic University of Science and Technology, Awantipora, is aggrieved that she is being retired at the age of 60 years and not at the age of 62 years or 65 years as prescribed in UGC Regulations. Accordingly, the applicant prays for the following reliefs:

(i)Writ of Prohibition, prohibiting the official respondents from retiring the Petitioner at the age of 60 years.

(ii)Writ of Mandamus, commanding the official respondents to allow the Petitioner to work in the respondents department till she attained the age of 62 years and in case the university is following at that time age of retirement as 65 years and Petitioner shall also be allowed to perform her duties up to the age of 65 years.

(iii)Writ of Mandamus, commanding the respondents to produce the documents regarding the age of Abdul Majeed Andrabi, Assistant Director, Faculty of Arabic Department, Islamic University of Science and Technology (IUST).

(iv)Any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the Petitioner and against the Respondents along with the cost of litigation.

03.The facts of the case, as brought out in the instant TA No.161 of 2024, is that the applicant, who was working in Sher i Kashmir Institute of Medical Sciences (SKIMS) at Soura, Srinagar, applied for the post of Associate Professor in Nursing College in Islamic University of Science and Technology (IUST) in response to Advertisement Notice No. 07 of 2015, dated 2.12.2015. She was selected for the post vide Order No. 201/Estt. of 2016, dated 30.5.2016 in the Nursing College of IUST. Accordingly, she was relieved by SKIMS Soura on 14.6.2016 to join her new position. The applicant’s past service in SKIMS was subsequently sanctioned by the Registrar, Islamic University of Science and Technology.

04.The applicant submits that the notification, dated 18.7.2018, the UGC Regulations, issued by University Grants Commission (UGC), prescribes minimum qualifications for appointment of teachers and other academic staff in Universities and Colleges and measures for maintenance of the higher standard of education. It further provides that for the purposes of direct recruitment for teacher’s posts, in terms of the University Grants Commission / Notification, it shall cover universities and the college teachers and cadres of Librarians, Directors of Physical Education and Sports for maintenance of standard in higher education and revision of pay scales. It also provides, at point 1.1, that this notification shall prevail in various institutions including the affiliated colleges / Universities. The UGC regulations provide that all the Associate Professors and Professors in the affiliated colleges and the Universities will retire on attaining the age of 62 years.