Supreme Court Seeks AICTE Clarification On Whether Regulations On Superannuation Age Will Apply To Private Unaided Institutions

The Supreme Court has recently asked the All India Council for Technical Education (AICTE) to clarify whether the age of retirement for teachers and faculty, including principals, set by the AICTE Regulations 2010 and 2019, mandatorily extends to private non-aided institutions.It has specifically asked whether the age of retirement for teachers, which was increased to 65 years in technical institutions except for librarians as per the 2010 AICTE Regulation, also applies to non-aided institutions. Also, whether the age of retirement fixed for faculty and principal/directors to 65 years as per AICTE's 2019 Regulation would apply to private non-aided institutions as well. "Following the promulgation of the 2019 Regulations dated 01.03.2019, wherein as per clause 2.12, the age of retirement of all 'faculty members and Principals/Directors' of 'Institutions' has been made 65 years. It is to be clarified that whether the said age would mandatorily be applicable to the private non-aided institutions running after approval of AICTE, having permission of the State Government." It is further required to be clarified that in terms of the 2010 Regulations, for all government and non-government aided Institutions, the age of 'Teachers' in 'Technical Institutions' was increased to 65 years except for librarians and the other applicable allowances, which shall be decided as per the State Government Employees, then in that event, what would be age of superannuation for the employees (in particular 'Principal') in private non-aided colleges having approval of AICTE?" A bench comprising Justice JK Maheshwari and Justice Vijay Bishnoi further clarified that the words 'these institutions' would relate to institutions run by government and aided. Therefore, the Court wants to know that non-aided institutions, what the age of superannuation in terms of the 2010 and 2019 Regulations.It has also asked the State of Maharashtra to clarify whether it has issued any clarification in terms of the age of superannuation after the 2019 Regulations were promulgated. The Court was informed by Senior Advocate V Giri that for non-aided institutions, the State had issued a Resolution in 2011 in terms of AICTE's 2010 Regulation, wherein an earlier resolution was referre,d which says that for teaching staff and Principal of permanently unaided institutions affiliated to Non-Agricultural University, Maharashtra State Board of Technical Education, the decision of esclation or retirement age will be at the sole discretion of the organisation.In terms of this, the Court has further asked: "However, how far such circular is in consonance with the AICTE Regulations which is applicable to the technical institutions? The position be clarified by the State Government as to how far by AICTE Regulations are not being adhered to? The clarifications as sought be filed by AICTE as well as State on or before 2nd December 2025. Further clarifications if any be filed by additional affidavits". The matter was taken up on December 3, but time was sought on behalf of the State and AICTE. Therefore, the Court will now hear the matter on January 21.Case Details: DR. MIR SADIQUE ALI v. VIDARBHA YOUTH WELFARE SOCIETY & ORS|Special Leave to Appeal (C) No. 15958/2023Click Here To Read OrderAppearances: For Petitioner(s) : Mr. Akshaya M Sudame, Adv. Mr. Kunal Cheema, AOR Mr. Raghav Deshpande, Adv. Mr. Shubham Chandankhede, Adv. Mr. Rushabh Tripathi, Adv. Mr. Abhishek Kalaiyarasan, Adv.For Respondent(s): Mr. V. Giri, Sr. Adv. Mr. Siddhesh Shirish Kotwal, AOR Ms. Ana Upadhyay, Adv. Mr. Nihar Dharmadhikari, Adv Mr. T. Illayarasu, Adv. Mr. Shubhanshu Patel, Adv. Mr. Harish Pandey, AOR Mr. Devvrat Yadav, Adv. Mr. Anand Dilip Landge, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv. Mr. Rohit Anil Rathi, AOR Ms. Niharika Singh, Adv. Mr. Vaibhav Yeshwant Kulkarni, AOR Mr. Satya Kam Sharma, AOR

Supreme Court Seeks AICTE Clarification On Whether Regulations On Superannuation Age Will Apply To Private Unaided Institutions

Gursimran Kaur Bakshi

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