UGC/AICTE Retirement Age Regulations Not Binding On State University-Affiliated Institutions Without State Adoption : Supreme Court

The Supreme Court on Friday (Dec. 6) held that amended UGC or AICTE regulations raising the retirement age to 65 years do not apply to institutions affiliated to State Universities where the State Government opts not to adopt those regulations. Such institutions must follow the retirement age followed in the State.

The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale heard the civil appeal filed by one P.J. Dharmaraj who was initially appointed as Lecturer, and Reader in Jawaharlal Nehru Technological University (“JNTU”) and subsequently retired from the position of Director of Church of South India Institute of Technology (“CSIIT”) affiliated to JNTU, Telangana.

Two days after his retirement at the age of 60 years, the AICTE and UGC issued amended regulations, wherein the age of retirement was revised up to sixty-five years of age. Therefore the appellant claimed that the same benefit should be extended to him.

On the contrary, the Respondents argued that the appellant cannot claim the benefit of the amended age of retirement because the subsequent amendment to the UGC regulations has not been adopted by the State of Telangana and the revised age of sixty-five years for superannuation does not prevail as the norm in the State and in the JNTU with which CSIIT is affiliated.

Upon hearing the parties at length, Justice Nath in the judgment observed that when the age of retirement of teachers was fixed at 60 years then the appellant cannot be given a special treatment to consider his age of retirement at 65 years.

“The regulations governing the age of superannuation throughout the State, the JNT University and its affiliated colleges including CSIIT is sixty years of age and therefore, when the teachers of JNT University are only to continue up to the age of sixty years, the Appellant cannot be given special consideration. CSIIT is an affiliated Institute of JNT University. Its teachers cannot have their age of retirement more than that of the teachers of the affiliating University. It would create a serious anomaly, discrimination and inequality. If the State Government itself has not adopted the amended regulations, the same cannot be applicable to the CSIIT. Even CSIIT has not determined the age of retirement of teachers to be 65 years.”, the court observed.

Further, the Court found that the appellant worked only in an administrative position and was not able to prove that he discharged the teaching services before becoming Director, CSIIT. Therefore, the UGC or AICTE regulation would not apply to the appellant, as those regulations only applies to those who qualify as teachers and are discharging classroom teaching duties.

“Any other way, the Appellant is not a teacher and was only involved in administrative work with CSIIT. The Appellant has not led any evidence until now to prove that he qualifies as a teacher after becoming Director. AICTE and UGC regulations are applicable only to those who qualify as teachers and are discharging classroom teaching duties.”, the court said.

Accordingly, the appeal was dismissed.

Case Title: P.J. DHARMARAJ VERSUS CHURCH OF SOUTH INDIA & ORS.

Citation : 2024 LiveLaw (SC) 958

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