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2026 Supreme(Online)(P&H) 10101

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAMPAL SINGH – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 27.03.2026 Rampal Singh .... Petitioner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Sajjan Singh, Advocate, for the petitioner. Mr. Aakash Singla, Additional Advocate General, Haryana.

TRIBHUVAN DAHIYA, J. (ORAL)

The petition has been filed inter alia seeking a writ of mandamus directing the respondents to continue the petitioner’s services up to sixty years of age.

2. Learned counsel for the petitioner contended that the petitioner was appointed as eligible Extension Lecturer in a Government College under the respondent Department, and has been given the benefit of Haryana Extension Lecturers and Guest Lecturers (Security of Service) Act, 2024 (for short, ‘the 2024 Act’). In terms of Sections 2(h) and 3 of the 2024 Act, he is entitled to continue in service till attaining the age of superannuation, i.e., fifty-eight years, which will be on 30.04.2026. A reference has been made to the memo dated 11.11.2022, Annexure P-15, issued by Government of Haryana, Higher Education Department, regarding “Revised minimum qualifications for appointment of teachers and other academic staff including Librarians and Directors of Physical Education and Sports in Universities and Colleges and measures for the maintenance of standards in Higher Education, 2022 based on University Grants Commission Regulations

2018”. On the basis of para 2.1 of the memo, it has been submitted that in the event of acute shortage of manpower in the Higher Education Department, teachers such as Assistant Professor, Associate Professor, Professor, Senior Professor and Principal may be re-employed in a college beyond the age of superannuation. And there is shortage of teachers in the Department, as apparent from the interim order dated 20.09.2023, passed by the Division Bench in CWP No.22168 of 2021 titled Veena Rani v. State of Haryana and others, and connected matters; the order makes a reference to a letter by the Government to the effect, ‘… at present 4738 sanctioned posts of Assistant Professor in various subjects in Government Colleges in the State of Haryana are lying vacant in the department’. Accordingly, the petitioner has a right to continue and/or be re-employed up to sixty years of age.

3. Learned State counsel has received instructions from the second respondent vide memo dated 27.03.2026, a copy whereof is retained on the case file along with its enclosure as Annexure ‘A’. Referring to the same, he contends that in terms of the amended policy guidelines regarding engagement of eligible extension lecturers, issued vide memo dated 13.05.2023, Annexure R-1, the petitioner has no right to claim extension. It stipulates under clause 27, ‘No eligible extension lecturer shall be retained beyond the age of 58 years. The instructions issued vide letter/Memo No.DHE-020016/7/2020 dated 17.12.2020 are hereby withdrawn’.

4. Heard.

5. Considering the submissions, this Court finds that the revised minimum qualifications for appointment of teachers, notified by the Government vide memo dated 11.11.2022, have no application to the petitioner’s case. Paragraph 2.1 of the memo, which has been relied upon by the petitioner to claim re-employment after fifty-eight years of age, reads as under:

2.1. Keeping in view the acute shortage of teachers in higher education, specially experts who can contribute towards creation of knowledge, teachers such as Assistant Professor, Associate Professor, Professor, Senior Professor and Principal may be re-employed in University/College beyond the age of superannuation, by the Universities concerned in the Universities, by the State Government in the Government Colleges and by the Managing Committee with permission of the State Government in the Government Aided private Colleges subject to availability of vacant posts, workload and fitness, up to the age of sixty five years or till the regular appointment or pr

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