'UGC Regulations Subject To Central Govt Directions' : Supreme Court Dismisses Plea To Raise College Teachers' Retirement Age As 65 Yrs

The Supreme Court on Tuesday dismissed an appeal which sought a direction to enhance the retirement age of college teachers as 65 years in State of Kerala as per a recommendation made by the University Grants Commission in 2010(Dr J Vijayan and others vs State of Kerala and others).A bench comprising Justices Indira Banerjee and Justice JK Maheshwari affirmed the view taken by the Kerala High Court that the fixing the age of superannuation is a policy of the state government and that the UGC regulations cannot override the service rules framed under Article 309 of the Constitution.The appellants placed reliance on University Grants Commission (Minimum Qualifications for Appointment of Teachers and Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010, which prescribed conditions relating to the pay scale, pay fixation formula and the age of superannuation of academic staff at colleges.While the State of Kerala adopted the regulations as far as the pay scale revision is concerned in 2010, the age of superannuation was not increased to 65 years as per the UGC recommendation. In this background, the appellants approached the Kerala High Court seeking enhancement of retirement age as 65 years. Their petition was dismissed first by a single bench and later by a division bench in intra-court appeal.The Counsel appearing on behalf of the Appellants argued before the Supreme Court that the UGC Act and the UGC Regulations are enacted by the Parliament under Entry 66 of the Union List under the Seventh Schedule of the Constitution of India, which pertains to coordination and determination of standards for higher education, research, etc. It was argued that the Pay Revision Commission appointed by the UGC, regarding the pay-scale of teachers, eligibility of appointment, service and working conditions and promotional avenues of teachers in Universities and Colleges recommended that the age of superannuation throughout the country should be 65 years.The State Government's counsel, Senior Advocate Jaideep Gupta, pointed out to the bench that the Union Ministry of Human Resources Development had by a circular issued on 14.08.2012 clarified that the UGC regulation regarding enhancement of retirement age has been withdrawn and left the issue to the policy decision of the respective state governments. It was further pointed out that a similar plea to raise the retirement age of college academic staff was rejected by the Supreme Court in Jagdish Prasad Sharma & Others v. State of Bihar & Others (2013) 8 SCC 633.The State Government further submitted that the pay scale revision was not linked to enhancement of age of superannuation and that it was in any case free to adopt the pay scales, even otherwise and without reference to the UGC Regulations.Central Government directions to override UGC regulationsThe Supreme Court noted that as per Section 20 of the UGC Act, the directions of the Central Government will prevail over the UGC regulations."The UGC Regulations have to be consistent with the directions on questions of policy relating to national purposes, as may be given by the Central Government as per Section 20 of the UGC Act, 1956. In the case of any dispute between UGC and the Central Government, as to whether a question is a question of policy relating to national purpose, the decision of the Central Government prevails over that of UGC", the bench observed.In this backdrop, the bench considered the circular issued by the Central Government on 14.08.2012 in exercise of powers under Section 20 of the UGC Act whereby the recommendation to enhance retirement age was withdrawn."The decision to issue the Circular dated 14th August 2012, withdrawing the regulation regarding enhancement of the age of superannuation, was taken by the Central Government, in consultation with the States and in deference to the powers given to the States to prescribe the service conditions of its employees, which would fall within the ambit of policy decision, undisputedly within the exclusive domain of the respective State Governments", the Court observed.The Court also endorsed the Singe Bench view that the Policy of the State Government, which is evidenced by the statutory provisions mandating teachers of aided affiliated colleges to retire at the age of 56 years, and that of the Universities at the age of 60 years, has been crystalized by enactments under Article 309 of the Constitution of India.The Division Bench observed that it was mandatory for the UGC to be guided by the directions issued by the Central Government on questions of policy relating to national purposes by discharging its functions under the UGC Act. The Division Bench found that the UGC was bound to follow the directions issued by the Central Government in view of Section 20 of the UGC Act.The Division Bench of the High Court also found that the State Governments had the discretion to accept...

'UGC Regulations Subject To Central Govt Directions' : Supreme Court Dismisses Plea To Raise College Teachers' Retirement Age As 65 Yrs

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