IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC NO.11348 OF 2010
1. DR.SUNITY PANDEY W/O SHRI RAM KUMAR SINGH R/O
CLUB ROAD, P.O.RAMNA, P.S. MITHANPURA, DISTT-
MUZAFFARPUR
VERSUS
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL
SECRETARY, HUMAN RESOURCE DEVELOPMENT
DEPARTMENT BIHAR, PATNA
2. SECRETARY, HUMAN RESOURCE DEVELOPMENT
DEPARTMENT BIHAR, PATNA
3. B.R.AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR
THROUGH ITS REGISTRAR
4. VICE CHANCELLOR , B.R.AMBEDKAR BIHAR UNIVERSITY
MUZAFFARPUR
5. REGISTRAR, B.R.AMBEDKAR BIHAR UNIVERSITY
MUZAFFARPUR
6. THE UNIVERSITY GRANTS COMMISSION BAHADUR SHAH
ZAFAR MARG, NEW DELHI
WITH
CWJC NO.11775 OF 2010
1. DINESH CHANDRA BALUNI S/O LATE DURGA PRASAD
BALUNI R/O BADRINATH BHAWAN, AT ATARDAH, P.O.-
RAMNA, P.S.- SADAR, DISTT.- MUZAFFARPUR
2. ARUN KUMAR THAKUR S/O LATE RAM BALESHWAR
THAKUR R/O AT- HARISHANKAR MANIARI, P.S.- SILOUT,
DISTT.- MUZAFFARPUR
3. DR. KRISHNA MOHAN S/O LATE JAGDISH SHARAN R/O
'TITIKSHA', OPPOSITE RELIANCE PETROL PUMP,
KALAMBAGH ROAD, P.S.- KAZI MUHAMMADPUR, DISTT.-
MUZAFFARPUR
4. DR. RAM PUKAR VIDYARTHI S/O LATE CHHATHU MAHTO
R/O AMGOLA, PARAW POKHAR, LANE NO.-2, BESIDE
TEMPLE, P.O.- RAMNA, P.S.- KAZI MUHAMMADPUR,
DISTT.- MUZAFFARPUR
VERSUS
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL
SECRETARY, HUMAN RESOURCE DEVELOPMENT
DEPARTMENT, BIHAR, PATNA
2. SECRETARY, HUMAN RESOURCE DEVELOPMENT
DEPARTMENT, BIHAR, PATNA
3. B.R.AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR
THROUGH ITS REGISTRAR
4. VICE CHANCELLOR, B.R.AMBEDKAR BIHAR UNIVERSITY,
MUZAFFARPUR
5. REGISTRAR, B.R.AMBEDKAR BIHAR UNIVERSITY,
MUZAFFARPUR
6. THE UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH
ZAFAR MARG, NEW DELHI
WITH
CWJC NO.12548 OF 2010
2
1. CHANDRA BHUSHAN PANDEY S/O LATE RAM CHARITRA
PANDEY R/O VILL LAKSHMIPUR, P.S.PANDAUL, DISTT-
MADHUBANI, PRESENTLY POSTED AS LECTURER IN THE
DEPARTMENT OF CHEMISTRY IN R.N.COLLEGE,
PANDAUL, DISTT-MADHUBANI
VERSUS
1. THE STATE OF BIHAR
2. THE SECRETARY, UNIVERSITY GRANT COMMISSION
NEW DELHI
3. THE SECRETARY, HIGHER EDUCATION GOVERNMENT
OF BIHAR, PATNA
4. THE VICE-CHANCELLOR , LALIT NARAYAN MITHILA
UNIVERSITY KAMESHWAR NAGAR, DARBHANGA
5. THE REGISTRAR, LALIT NARAYAN MITHILA UNIVERSITY
KAMESHWAR NAGAR, DARBHANGA
6. THE PRINCIPAL , R.N.COLLEGE PANDAUL, MADHUBANI
WITH
CWJC NO.13404 OF 2010
M.REAZ BARI S/O LATE ABDUL QUDDUS, RESIDENT OF SHRI
SHIA MASZID LANE,DEHARI TOLA, MURADPUR, P.O.
BANKIPUR,P.S. PARBAHORE, DISTRICT- PATNA.
VERSUS
1. THE MAGADH UNIVERSITY BODH GAYA THROUGH THE
REGISTRAR OF THE UNIVERSITY.
2. THE VICE CHANCELLOR, M.U., BODH GAYA.
3. THE REGISTRAR, M.U., BODH GAYA.
4. THE STATE OF BIHAR THROUGH THE SECRETARY, HRD,
DEPTT., GOVT. OF BIHAR,PATNA.
WITH
CWJC NO.13450 OF 2010
DR.NAWAL KISHORE CHOUDHARY S/O LATE RAGHUNATH
CHOUDHARY, RESIDENT OF VILLAGE- SHREERAMPUR
AYODHYA, P.O. & P.S. WAINI, DISTRICT-
SAMASTIPUR,BIHAR.
VERSUS
1. RAJENDRA AGRICULTURE UNIVERSITY ,BIHAR PUSA
(SAMASTIPUR) THROUGH THE REGISTRAR.
2. VICE CHANCELLOR, RAJENDRA AGRICULTURE
UNIVERSITY, BIHAR PUSA (SAMASTIPUR).
3. DEAN, FACULTY OF AGRICULTURE, RAJENDRA
AGRICULTURAL UNIVERSITY, BIHAR PUSA (
SAMASTIPUR).
4. STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
DEPARTMENT OF AGRICULTURE, GOVT. OF
BIHAR,PATNA.
5. THE PRINCIPAL SECRETARY, DEPARTMENT OF
AGRICULTURE ,GOVT. OF BIHAR,PATNA.
WITH
CWJC NO.13455 OF 2010
3
1. DR.BRIJ BIHARI SINGH S/O LATE BISHWA NATH SINGH,
RESIDENT OF VILLAGE- MAJHARIA, P.O. & P.S. MAJHARIA,
DISTRICT- BUXAR, BIHAR.
2. DR. SHARDA NAND PRASAD S/O SRI RAM CHANDRA
PRASAD, RESIDENT OF VILLAGE- KARBE KURHA, P.S.
PALIGANJ, DISTRICT- PATNA, BIHAR, AT PRESENT
RESIDING AT BIHAR AGRICULTURE COLLEGE, SABOUR,
P.O. & P.S. SABOUR, DISTRICT- BHAGALPUR.
3. DR. RAM PRASAD YADAV S/O LATE KUNJ BIHARI YADAV,
RESIDENT OF VILLAGE- ADHARPUR, P.O. & P.S.
KHANGRAITHA ( BAHERI), DISTRICT- DARBHANGA AT
PRESENT RESIDING AT B2/9, RAU CAMPUS, PUSA, P.O. &
P.S. PUSA, DISTRICT- SAMASTIPUR.
4. MAHENDRA PRASAD SINGH S/O SRI SANT BILAS SINGH,
RESIDENT OF VILLAGE- SARKAR TOLA, BIHAR
AGRICULTURE COLLEGE CAMPUS SABOUR, P. O. & P.S.
SABOUR, DISTRICT- BHAGALPUR, BIHAR.
5. DR. INDRADEO NARAYAN SHARMA S/O LATE AASH
KARAN RAI, RESIDENT OF VILLAGE- BABUPUR, P.O.
BAKHARPUR, P.S. PIRPAINTI, DISTRICT- BHAGALPUR,
BIHAR AT PRESENT RESIDING AT JUTE RESEARCH
STATION P.O. TINGACHIA, P.S. KATIHAR, DISTRICT-
KATIHAR.
VERSUS
1.RAJENDRA AGRICULTURE UNIVERSITY, BIHAR PUSA
(SAMASTIPUR) THROUGH THE REGISTRAR.
2. VICE CHANCELLOR, RAJENDRA AGRICULTURAL
UNIVERSITY, BIHAR PUSA (SAMASTIPUR).
3. DEAN, FACULTY OF AGRICULTURE, RAJENDRA
AGRICULTURE UNIVERSITY, BIHAR PUSA ( SAMASTIPUR).
4. THE ASSOCIATE DEAN-CUM PRINCIPAL,BIHAR
AGRICULTURE UNIVERSITY, SABOUR.
5. THE OFFICER INCHARGE, JUTE RESEARCH CENTRE,
KATIHAR.
6. STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
DEPARTMENT OF AGRICULTURE, GOVT. OF BIHAR,
PATNA.
7. THE PRINCIPAL SECRETARY, DEPARTMENT OF
AGRICULTURE, GOVT. OF BIHAR, PATNA.
WITH
CWJC NO.13045 OF 2010
1. KAILASH SHARMA S/O LATE SITA RAM SINGH, RESIDENT
OF STATION ROAD, BEGUSARAI, P.S. BEGUSARAI ,
DISTRICT- BEGUSARAI, PRESENTLY POSTED AS READER
IN THE DEPARTMENT OF HISTORY IN CO-OPERATIVE
COLLEGE, BEGUSARAI, DISTRICT- BEGUSARAI.
2. SITA RAM SINGH S/O LATE MANI RAM SINGH, RESIDENT
OF LOHIYANAGAR, P.S. BEGUSARAI, DISTRICT-
BEGUSARAI, PRESENTLY POSTED AS READER IN THE
DEPARTMENT OF HINDI IN CO-OPERATIVE COLLEGE,
BEGUSARAI, DISTRICT -BEGUSARAI.
4
3. SURESH PRASAD SINGH S/O BRAHMDEO PRASAD SINGH,
RESIDENT OF MOHALLA POKHARIA, P.S. BEGUSARAI,
DISTRICT- BEGUSARAI, PRESENTLY POSTED AS READER
IN THE DEPARTMENT OF PHYSICS IN CO-OPERATIVE
COLLEGE, BEGUSARAI, DISTRICT- BEGUSARAI.
4.BINAY KISHORE CHOUDHARY S/O LATE NAWAL KISHORE
CHOUDHARY, RESIDENT OF PROFESSOR COLONY, P.S.
BEGUSARAI, DISTRICT- BEGUSARAI, PRESENTLY POSTED
AS READER IN THE DEPARTMENT OF CHEMISTRY IN CO-
OPERATIVE COLLEGE, BEGUSARAI , DISTRICT-
BEGUSARAI.
VERSUS
1.THE STATE OF BIHAR
2. THE SECRETARY, UNIVERSITY GRANTS COMMISSION,
NEW DELHI
3. THE SECRETARY, HIGHER EDUCATION, GOVERNMENT OF
BIHAR, PATNA.
4. THE VICE CHANCELLOR, LALIT NARAIYAN MITHILA
UNIVERSITY, KAMESHWAR NAGAR , DARBHANGA.
5. THE REGISTRAR, LALIT NARAYAN MITHILA UNIVERSITY,
KAMESHAR NAGAR, DARBHANGA.
6. THE PRINCIPAL, R.N. COLLEGE, PANDAUL, MADHUBANI
WITH
CWJC NO.13436 OF 2010
DR.RAMJEE PRASAD BHAGAT AGED ABOUT 62 YEARS S/O
LATE KUNJA BHAGAT, RESIDENT OF CO-OPERATIVE
COLONY, ASHOK NAGAR, BHAT BIGHA, P.O. & P.S.
RAMPUR, DISTRICT- GAYA.
VERSUS
1. THE STATE OF BIHAR THROUGH ITS PRINCIPAL
SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR., PATNA.
2. PRINCIPAL SECRETARY, HUMAN RESOURCES
DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR., PATNA.
3. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH
GAYA.
4. THE FINANCE OFFICER, MAGADH UNIVERSITY, BODH
GAYA.
5. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA.
6. THE PRINCIPAL, ANUGRAH MEMORIAL COLLEGE, GAYA.
WITH
CWJC NO.13386 OF 2010
1. ABDUL JABBAR ALI S/O SHEIKH NAKCHHEDI ALI,
RESIDENT OF NEW COLONY, DHARAMPUR, P.S.
SAMASTIPUR, DISTRICT- SAMASTIPUR.
2. RAMASHISH PRASAD MAHTO S/O LATE RAM BALI
MAHTO, RESIDENT OF NEAR M.S.K.G. COLLEGE,
KASIPUR,P.S. SAMASTIPUR, DISTRICT- SAMASTIPUR.
3. DR.RAMJI MAHTO S/O LATE RAMGHULAM MAHTO,
RESIDENT OF MUHALLA- -DHABI, NEAR BHARAT DAS
MANDIR,AT +P.O. ROSERA,DISTRICT- SAMASTIPUR.
5
4. DR.RAJ KISHORE PRASAD S/O LATE NAGINA PRASAD,
RESIDENT OF AT + P.O. SAMASTIPUR, EAST OF BHOLA
TALKIES, MUHALLA- DHARAMPUR, P.S. SAMASTIPUR,
DISTRICT- SAMASTIPUR.
5. RAGHUNANDAN PRASAD SINGH S/O LATE RAM YESH
SINGH, RESIDENT OF WARD NO. 13, KASIPUR, P.S.
SAMASTIPUR, DISTRICT- SAMASTIPUR.
VERSUS
1. THE STATE OF BIHAR THROUGH ITS PRINCIPAL
SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR., PATNA.
2. SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR., PATNA.
3. L.N. MITHILA UNIVERSITY, DARBHANGA THROUGH ITS
REGISTRAR.
4. VICE CHANCELLOR, L.N. MITHILA UNIVERSITY,
DARBHANGA
5. REGISTRAR, L.N. MITHILA UNIVERSITY, DARBHANGA
6. THE UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH
ZAFAR MARG, NEW DELHI.
WITH
CWJC NO.13392 OF 2010
AFZAL HUSSAIN SIDDIQUI S/O LATE MD. USMAN, RESIDENT
OF C/O JAMIL ASHIANA, NEAR AZAD ACADEMY, AZAD
NAGAR, P.S. ARARIA,DISTRICT- ARARIA.
VERSUS
1.THE STATE OF BIHAR THROUGH ITS PRINCIPAL
SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR., PATNA.
2. SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR., PATNA.
3. B.N. MANDAL UNIVERSITY, MADHEPURA THORUGH ITS
REGISTRAR
4. VICE CHANCELLOR, B.N. MANDAL UNIVERSITY,
MADHEPURA.
5. REGISTRAR, B.N. MANDAL UNIVERSITY, MADHEPURA.
6. THE UNIVERSITY GRANTS COMMISSION SHAH ZAFAR
MARG, NEW DELHI.
WITH
CWJC NO.13400 OF 2010
1. PROF.KRISHNA KANT JHA S/O LATE SAHDEO JHA,
RESIDENT OF VILLAGE- KUSAHAR (TULSIPATTY),P.O.
BALUA BAZAR, P.S. BALUA BAZAR,DISTRICT- SUPAUL.
2. DR. BIRENDRA PRASAD SINGH S/O LATE DEO NANDAN
PRASAD SINGH, RESIDENT OF VILLAGE- PANDARAK, POST
PANDARAK, P.S. PANDARAK, DISTRICT-PATNA.
3. DR. MURARI SHARAN S/O LATE VISNU DAYAL, RESIDENT
OF BACK OF RD PALACE,WARD NO. 20, DISTRICT-
SITAMARHI.
6
4. PROF. BINOD PRASAD SINHA S/O LATE SHIVA SHANKAR
PRASAD SINHA, RESIDENT OF "SINHA SADAN", WARD
NO.5, P.S. DUMRA, DISTRICT- SITAMARHI.
5. DR. BHAIRAB MISHRA S/O LATE CHATURBHUJ MISHRA,
RESIDENT OF JAI PRAKASH PATH,RAJOPATTI, P.S.
SITAMARHI, DISTRICT- SITAMARHI.
6. PROF. SACHIDANAND PRASAD SINGH S/O LATE BINOD
PRASAD SINGH, RESIDENT OF VILLAGE KARHARI, P.O.
BHAGWANPUR, P.S. BHAGWANPUR, DISTRICT- VAISHALI.
VERSUS
1.THE STATE OF BIHAR THROUGH ITS PRINCIPAL
SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR., PATNA.
2. SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR., PATNA.
3. B.R.AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR
THROUGH ITS REGISTRAR.
4. VICE CHANELLOR, B.R.AMBEDKAR BIHAR UNIVERSITY,
MUZAFFARPUR
5. REGISTRAR, B.R.AMBEDKAR BIHAR UNIVERSITY,
MUZAFFARPUR
6. THE UNIVERSITY GRANTS COMMISSION SHAH ZAFAR
MARG, NEW DELHI.
-----------
For the Petitioners
In C.W.J.C.Nos.11348/2010,
11175/2010,13386/2010, 13392/2010
& 13400/2010 : M/s.Abhinav Shrivastava and Akashdeep.
For BRA University : Mr.Ajay Behari Sinha
For UGC : M/s Pushkar Narain Shahi and Patanjali
Rishi
For the State : Mr. Ranjit Sinha & Mr. Bajrangi Lal
(A.C to G.A.8).
For the petitioner in
C.W.J.C.No.13436 of 2010 : Mr. Akashdeep
For the Petitioner in
C.W.J.C.no. 13404 of 2010 : Mr. Raghav Prasad.
For the Petitioners in
C.W.J.C.No.13045 of 2010,
C.W.J.C.No. 12548 of 2010 ; Mr. Shashi Bhushan Singh.
For the State : S.C.22,G.A.8
For UGC : Mr. Pushkar Naraian Shahi.
For the Petitioner in
CWJC No. 13450/2010 : Mr. Y.V.Giri, Sr.Adv and Mr. Raju
Giri .
For the State : Mr. Adityanath Pandey.
For University : Mr. Anil Kumar Upadhyay.
7
For the State : G.A.1
----------------------
3 20 -08-2010 Pleadings are complete . Counter affidavits having been
filed by the State and the Universities, with the consent of
the parties, these writ applications are being disposed of at
this stage itself.
The solitary issue that arises in all these writ
applications, which have been filed by the teachers of
various Universities of Bihar, is with regard to enhancement
of their age of superannuation from 62 years to 65 years.
This matter, the teachers have been agitating and
seeking adjudication repeatedly from this Court without
success. First the matter came to this Court and was decided
in the case of Prof. Dr.Ravindra Prasad & ors.-v- State of
Bihar & ors. since reported in 2008(3)PLJR 476. This
Court held that the age of superannuation of University
Teachers could not be extended in view of the circular of
University Grant Commission (hereinafter referred to
„UGC‟) as these circulars related to Central Universities or
Universities funded by the Central Government and were to
meet specific contingency that was noticed therein. There
was no conscious decision of the UGC to enhance the age
of superannuation of University Teachers across the board to
65 years. In that view of the matter it was held that Section
67(a) of the Bihar State Universities Act, 1976, which is the
8
same as Section 64(a) of the Patna University Act, 1976
would not apply.
Then again after a short while the issue was
brought to this Court. Professor Jagdish Prasad Sharma filed
a writ application before this Court based on letter dated
31.12.2008 of the Central Government in the Ministry of
Human Resources. After examining the legal position,
learned Single Judge of this Court allowed the writ
application and held that in view of letter dated 31.12.2008
of the Central Government, age of superannuation of the
University Teachers would stand extended to 65 years from
62 years. State appealed against the same. After hearing the
parties, the Division Bench of this Court allowed the intra
court Appeal being Letters Patent Appeal no. 117 of 2010
in the case of State of Bihar -v- Professor (Dr.) Jagdish
Prasad Sharma & ors. on 18.5.2010. The judgment in the
case of Professor (Dr.) Jagdish Prasad Sharma extending
the age of superannuation was thus reversed in Division
Bench. The judgment in the case of Professor (Dr.) Jagdish
Prasad Sharma and the judgment of the Division Bench
reversing the same are reported in 2009(4)PLJR 680 and
2010(3)PLJR 318 respectively. It appears that the writ
petitioners, who were respondents before intra court Appeal,
have filed Special Leave to Appeal before the Apex Court
being SLA(Civil) no. 18766-18782 of 2010 wherein while
9
issuing notice, the Apex Court has directed maintenance of
status quo as existing on 26.7.2010.
Now, the teachers have not given up and once
again before this Court in these batch of writ applications.
For convenience, I am referring to the pleadings
of CWJC No. 11775 of 2010 being the case of Dinesh
Chandra Baluni in which case the pleadings are complete.
This time the University teachers rely on the observation
contained in Division Bench judgment of this case in the
case of State of Bihar-v- Professor (Dr.) Jagdish Prasad
Sharma (supra) and in particular para 42 thereof, which is
quoted hereunder:-
” 42. In our considered opinion, the learned Single Judge
has fallen into error by holding that the decision has been
taken by the UGC. The UGC, as we understand, has not
taken any decision. It has neither framed any Regulation nor
issued any notification as it had done so in the year
1998.The decision has to be understood regard being had to
the text and context of the UGC Act, 1956. In the year 1998,
the UGC had issued a notification which was nomenclatured
as “UGC”. Notification on Revision of Pay Scales ,
Minimum Qualification for Appointment of Teachers in
Universities College & Other measures for the maintenance
of Standards, 1998″ wherein there was a reference to
superannuation and re-employment of teachers. A reference
10
was also made therein that the same would be notified as
Regulations. Thus, it is clear as crystal that the UGC has
been issuing notifications which are crystalised by
Regulations. In the case at hand ,nothing of that sort has
occurred. The UGC has also made it clear that there is no
guideline, no notification or Regulation which relates to the
age of superannuation of the University teachers other than
those of the centrally funded educational institutions and,
thus, to read something else into the same would not be
appropriate . The legislative intent behind Section 67(a) of
the 1976 Act and Section 64 of the Patna University Act was
that whenever a decision is taken, that is to say, when a
Regulation is framed or a notification is issued, the same
should be given effect to without further amendment, but in
the absence of a decision which would mean a decision in
law having the colour, character and contour of a decision, a
communication of this nature neither can be regarded as a
decision nor can it be treated as a deemed fiction, as has
been understood by the learned Judge .”
(emphasis supplied)
They then refer to the letter of the Central
Government in the Ministry of Human Resources
Development dated 11.5.2010 (Annexure 4) and in particular
paras 4 and 7 thereof, which are quoted hereunder:
“4. Thus as per the terms and conditions of the
11
Ministry’s letter dated 31.12.2008, the State Government are
required to implement the scheme as a composite one,
including the age of superannuation (mentioned in para
8(f) of this Ministry’s letter dated 31.12.2008), together with
all the conditions specified or to be specified by University
Grants Commission (UGC) by regulations and other
guidelines.
7. It is provided in para 8(p)(v)(f) of this Ministry’s
letter dated 31.12.2008, that the State Governments taking
into consideration other local conditions may also decide in
their discretion to introduce scales of pay higher than those
mentioned in this Scheme. This implies that State
Governments cannot make modifications lowering the pay
package prescribed by this Ministry. Also after adoption of
the Central Scheme as a composite package , the State
Government shall be required to furnish detailed
calculations in support of its claim for central assistance , in
the enclosed proforma.”
Having referred to this they then draw the attention
of this Court to submit that as required by the Division
Bench, University Grant Commission has now formalized
the decision taken in letter dated 31.12.2008 of the Central
Government, which was the subject matter of the writ
petition in the case of Professor (Dr.) Jagdish Prasad
Sharma (supra) and that has been now made a part of the
12
UGC Regulation. The UGC Regulation dated 30.6.2010 is
Annexure 5 to the writ petition and it clearly says that in
exercise of power under Section 26 of UGC Act and in
pursuance to the letter of the Central Government dated
31.12.2008, the Regulations are being framed. The
Regulations are called ” the University Grants
Commission (Minimum Qualification for Appointment of
Teachers and other Academic Staff in Universities and
Colleges and other Measures for the maintenance of
Standards in Higher Education)Regulations, 2010. Clause
1.2 of the Regulation reads as follows:
” 1.2. They shall apply to every university established
or incorporated by or under a Central Act, Provincial Act or
a State Act, every institution including a constituent or an
affiliated college recognized by the Commission, in
consultation with the university concerned under clause (f) of
Section 2 of the University Grants Commission Act, 1956
and every institution deemed to be a university under Section
3 of the said Act.”
It is then stipulated by clause 1.3 that the
Regulation shall come into force with immediate effect ,
which would be 30.6.2010.This Regulation also provides for
consequences of failure of University to comply with their
recommendation under these regulations. The Regulations
are thereafter appended and they are nothing but what has
13
earlier been circulated as the letter of the Central
Government dated 31.12.2008, which has now been made
applicable to all State Universities as well.
Clause 2.1.0 clearly provides as under :
” 2.1.0 – The revised scales of pay and other service
conditions including age of superannuation in central
universities and other institutions maintained and/or funded
by the University Grants Commission(UGC), shall be
strictly in accordance with the decision of the Central
Government, Ministry of Human Resources Development
(Department of Education) as contained in Appendix-I.”
Here also I may refer to clause 2.3.1 of the Regulation,
which is quoted hereunder:
” 2.3.1- The revised scales of pay and age of
superannuation as provided in clause 2.1.0 above, may
also be extended to Universities, colleges and other higher
educational institutions coming under the purview of the
State Legislature and maintained by the State
Governments, subject to the implementation of the scheme
as a composite one in adherence of the terms and
conditions laid down in the MHRD notifications provided
as Appendix I and in the MHRD letter No. F.1-7/2010-U II
dated 11 May, 2010 with all conditions specified by the
UGC in these Regulations and other Guidelines.”
Now we may come what is Appendix 1 as referred to
14
in clause 2.1.0. Appendix 1 is nothing but the letter of the
Central Government dated 31.12.2008, which contained
various terms and conditions including enhancement of age
of superannuation. It is this letter that was used by the
petitioners in the earlier writ application, which was finally
decided by the Division Bench as against the teachers
holding that this letter was not a part of formalized
Regulation of UGC. The Court naturally negatived the stand
but on the ground that the letter itself referred to Central
University at the first instance and for increasing the age of
University Teachers of State legislature, there was no formal
Regulation.
It is now submitted that now this communication
dated 31.12.2008 is a part of the formal Regulation as framed
by UGC which in turn has been made applicable to all
Universities of India including State University and which
by virtue of the letter of the Central Government has
become applicable and has to be accepted by the State
Government as a whole, as referred to above.
Clause 8 of Appendix-1 to the Regulation deals
with other terms and conditions. Clause 8(f) deals with age
of superannuation. Clause 8(f)(i) is quoted hereunder :
” In order to meet the situation arising out of shortage
of teachers in universities and other teaching institutions
and the consequent vacant positions therein, the age of
15
superannuation for teachers in Central Educational
institutions has already been enhanced to sixty five years,
vide the Department of Higher Education letter No. F. No.
119/2006- U.11 dated 23.3.2007,for those involved in class
room teaching in order to attract eligible persons to the
teaching career and to retain teachers in service for a
longer period. Consequent on upward revision of the age of
superannuation of teachers, the Central Government has
already authorized the Central universities, vide
Department of Higher Education D.O. letter No. F.1-
24/2006-Desk (U) dated 30.3.2007 to enhance the age of
superannuation of Vice- Chancellors of Central universities
from 65 years to 70 years , subject to amendments in the
respective statutes, with the approval of the competent
authority (Visitor in the case of Central Universities).”
Then in this Appendix there are some conditions as to
the applicability of the Scheme, as contained in clause 8(p) with
regard to financial assistance and is contained in clause 8(p)(v).
The petitioners would now submit that the deficiency as
noticed by the Division Bench earlier while negativing the plea
of the teachers for extension of age of superannuation that there
was no formalized regulation of the UGC stands cured with the
regulation being framed and direct order being issued making
the same applicable to every University incorporated under
Central Act, Provincial Act or the State Act and to every
16
deemed University. Once these formal regulations have been
issued, then in terms of Section 67(a) Bihar State Universities
Act, 1976, which is the same as Section 64(a) of the Patna
University Act, 1976, the age of superannuation of University
teachers would automatically get extended by operation of law
as contained therein and would become 65 years. It would also
be their submission that the Central Government and UGC
made it clear that the entire package/scheme has to be accepted
as a whole and if that is done , then and only then the central
financial assistance would flow to the State .
Petitioners would then rely upon the Resolution of
the State Government dated 29.7.2010 in the Department of
Human Resources issued in the name and under authority of the
Governor, which was taken pursuant to a decision of the State
Cabinet wherein pursuant to the Regulation, as framed and the
decision of the Central Government dated 31.12.2008, State
accepted to implement the package offered clearly noticing that
as a consequence of the terms and conditions contained therein,
the financial assistance would be available from the Central
Government. The Resolution states in para 3 thereof the
financial assistance available, which is the same as stipulated in
clause 8(p)(v) of the letter of the Central Government dated
31.12.2008, which is Appendix 1 of the UGC Regulation, 2010.
This Resolution of the State Government has been brought on
record by way of supplementary affidavit by the petitioners and
17
is also part of State‟s counter affidavit . Also brought on record
is the settlement entered into between the State Government
and the representatives of the different federations of the
teachers working in different Universities of the State of Bihar
dated 14.7.2010, which clearly stated that UGC pay scale had
already received the acceptance from the State Cabinet with
effect from 1.1.2006. It also noticed that so far as age of
superannuation of University teachers is concerned, is to be
extended to 65 years for which the State is bound.
On behalf of the Universities, counter affidavits
have been filed. The stand of the Universities is that they would
be bound to implement whatever decision State Government
takes and is statutorily binding on them.
The State Government in its turn has filed a
counter affidavit. In para 8 thereof they have categorically
accepted that there is an agreement between the State
Government and the Teachers Federation with regard to
increase of age of superannuation to 65 years . Para 8 of their
counter affidavit is quoted hereunder: –
” That, the deponent further humbly submit that
it is important to mention here that in the meantime on
14.7.2010 the federation of University teachers entered into an
agreement with the State Government in which several decisions
were taken including the enhancement of age of superannuation
from 62 to 65 years.”
18
They do not in their counter affidavit deny the UGC
Regulation of the year 2010 nor do they deny the applicability
of the letter dated 31.12.2008 of the Central Government, which
is Appendix 1 to the Regulation. They accept the Resolution
dated 29.7.2010 of the State Government. But apparently their
stand is that there has been no conscious decision on the part of
the State Government to enhance the age of superannuation of
University Teachers to 65 years from 62 years. It is the
correctness of this stand that is now in question.
This curious stand of the State Government in their
counter affidavit regarding no conscious decision having been
taken is based on a misplaced notion, as apparent from para 10
of the counter affidavit, which is quoted hereunder :
” 10. That, the deponent humbly submit that, it will not
out of place to mention here that in view of order dated
26.7.2010 passed in S.L.P.No.(s) 18766- 18782/2010
Legislature/Cabinet cannot implement the aforesaid agreement
and as such no notification can be issued in this regard.”
The Apex Court having passed status quo order as on
26.7.2010 in an appeal from the Division Bench judgment of the
case of Professor (Dr.) Jagdish Prasad Sharma.they were
precluded to take any decision in this regard.
Their further stand is that the matter is before the
Legislature and decision would be taken in accordance with law
after final orders of the Hon‟ble Supreme Court in the aforesaid
19
S.L.P. No.(s0 18766-18782/2010, as apparent from para 11 of
the counter affidavit.
At this stage itself I may point out that whoever
suggested this stand was deliberately trying to create problem
where there was none. The appeal before the Apex Court was on
basis of facts as stood before this Court when the learned Single
Judge delivered the judgment in the case of Professor (Dr.)
Jagdish Prasad Sharma (supra) to every body knowledge the
whole factual situation changed materially by the letter of the
Central Government dated 11th May, 2010 followed by the UGC
Regulation, 2010.
It may be noted that in spite of notice to
UGC and it being represented by its counsel they have not
chosen to file any counter affidavit.
Having heard the parties and having given my
anxious consideration to the facts and circumstances noted
above, in my view, the writ applications now at last must
succeed.
As noticed above, the fact situation has
undergone materials change since the decision of the Division
Bench in the case of State of Bihar -v- Professor (Dr.)
Jagdish Prasad Sharma (supra).As noticed above, in that case
itself it was held that there was no formalized Regulation of
UGC. That deficiency has since been cured and as referred to
above the formal UGC Regulation , 2010 has been issued on
20
30th of June,2010. The Division Bench had held that the letter
of the Central Government dated 31.12.2008 was not made
applicable to the State universities by a formalized Regulation
of UGC. That stands fully cured by UGC making that letter of
the Central Government dated 31.12.2008 as an integral part of
the Regulation being Appendix 1 to the Regulation and as per
the terms of the Central Government letter dated 11.5.2010, the
Central Government letter dated 31.12.2008 has been
specifically made applicable to the State Government with a
specific direction to implement the scheme as a composite one
including the age of superannuation as mentioned in para 8(f) of
the Central Government letter dated 31.12.2008. Thus, seen
there is now a formalized decision in the shape of UGC
Regulation with regard to enhancement of age of
superannuation of University Teachers to 65 years.
In my view, one must consider the provisions of the
University Grant Commission Act, 1956, and in particular the
definition of “University” as given in Section 2(f) therein.
University would include all Universities established under
Central Act, Provincial Act or the State Act..
Then reference may be made to Section 12 of the
University Grants Commission Act, which defined the function
of the Commission, which makes it clear that general duty of the
Commission is to take all such steps as it may think fit for the
promotion, co-ordination of University Education and for
21
determination and maintenance of standard of teaching etc.
Then we may refer to Section 20 of the UGC Act, which obliges
the Commission to abide by the direction on question of policy
given to it by the Central Government. These clearly establish
that the Central Government has plenary power to lay down
policy for the Commission and the Commission has the
function to implement the policy apart from formulating steps
in relation thereto.
As seen from the facts, noted above, the Central
Government issued direction vide its letter dated 11.5.2010
that its policy contained in letter 31.12.2008 would now apply
to all Universities in the country and this was formalized by the
Regulation of UGC dated 30th of June, 2010. Material part of
letter dated 11.5.2010 has been quoted above and in particular
para 4 thereof.
Now, we come to the material portion of Section 67(a)
of the Bihar Universities Act, 1976, which, as stated above, is
the same as Section 64(a) of the Patna University Act, 1976,
which is quoted hereunder:
“…… the age of retirement of teaching employees
will the same which would be decided by the University Grants
Commission in future.”
In my view, now, by operation of Section 67(a) of the
Bihar Universities Act and for that matter Section 64(a) of the
Patna University Act, once such a formalized decision of UGC
22
has taken place, the age of university teachers or the teaching
employees of the University would automatically by operation
of law get extended to 65 years and no formalized decision of
the State Government was required in this regard as has also
been noted by the Division Bench in para 42 of its judgment
quote above.
Apparently it is because of this that in the Cabinet
Resolution of the State Government, there is no specific
mentioned of this enhancement of the age of superannuation of
teaching employees of the University. Further it may be noted
that in the Resolution of the State Government, as referred to
above, consequent upon the UGC Regulation, 2010, there is
neither an indication nor a whisper by the State not accepting
the scheme as propounded by the UGC in totality and more so,
not accepting it in relation to extending the age of
superannuation. I may add here that a decision of the State
Government even if it were to be of not extending the age from
62 years to 65 years that would be a self destructive decision of
the State Government inasmuch as then they would not be
adopting and implementing the UGC package as a whole and
that would entail serious consequences for the State inasmuch as
apart from other consequence, they would not be entitled to
any financial assistance from the Central Government because
the Central Government‟s direction is clear and unambiguous
that accept the package as a whole including the condition for
23
financial assistance and age of superannuation. It is once basket
and not severval . The State Cabinet Resolution, as noted above,
accepts the direction of the Central Government, as contained in
their letter dated 31.12.2008, which is, as noted above, now a
part of the statutory regulation of UGC, 2010.
Before parting, I may notice one other disturbing
factor. Petitioners have brought on record as Annexure 7 to their
supplementary affidavit the Cabinet Memorandum prepared
by the Human Resources Department of the State Government
dated 6th July, 2010, the correctness of which has not been
disputed . In the said Memorandum in clause 3(x) it has been
suggested to the State Cabinet that the Central Government
wants revision of pay scale etc. of the University teachers along
with all other conditions but so far as age of superannuation to
65 years is concerned , the same has been left to the discretion
of the State Government as per UGC letter. This, to say the
least, is not only misleading but far from the truth . Though the
Cabinet Memorandum has been prepared on 6th of July,2010
and specifically mentioned for implementation of
recommendation of the University Grants Commission in
regards to revision of pay scale and connected matters and it
specifically refers to the letter of the Central Government dated
31.12.2008, it omits any reference to the letter of the Central
Government dated 11.5.2010 addressed to all educational
Secretaries of all State Governments, which specifically
24
directed the State Government to implement the entire scheme
as a composite one including the age of superannuation, which
is contained in para 4 of the aforesaid letter and is also quoted
above. This Cabinet Memorandum also does not refer or
whisper to the UGC Regulation, 2010 issued on 30.6.2010
though the Memorandum refers to the provision of financial re-
imbursement contained therein, which only shows that there
was a deliberate attempt to create a misunderstanding in this
regard where, in fact, things have been made crystal clear by
the Central Government and the UGC. This is a matter of grave
concern .It is for the State Government to look into it.
Thus, inevitable result is that with effect from
30.6.2010, the age of superannuation of teaching employees of
Universities in the State of Bihar stands extended to 65 years.
As a consequence whereof any University teaching employee or
teacher, who was in service then would be entitled to the benefit
of extended the age of superannuation and any one, who was
forced to retire on or after that date prior to attaining the age of
65 years has to be taken back in service with full continuity and
all consequences .
The writ applications, with the aforesaid
observations and directions, are allowed.
( Navaniti Prasad Singh, J.)
singh