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TMI Blog2019 (5) TMI 1937X X X X Extracts X X X X X X X X Extracts X X X X ..... of any University. It was made by the Coordination Committee on its own motion. The interpretation of Section 34 (4) of the 1973 Adhiniyam by the High Court that the Coordination Committee can only suggest modifications of the said Statutes in force is not correct. The High Court has gone wrong in observing that any proposal for amendment to a Statute made by the Coordination Committee has to be sent to the Executive Council of the University. The power to amend the Statute is conferred on the Coordination Committee and not on the Executive Council as has been understood by the High Court. A further error committed by the High Court was to hold that there is no recommendation of the Standing Committee on the basis of which a Resolution was passed on 07.01.2004. The High Court lost sight of the minutes of meeting of the Standing Committee dated 01.04.2003 by which recommendation was made to maintain the age of superannuation of Teachers working in aided private Colleges at par with those working in the Government Colleges. It is clear from the facts that the matter pertaining to the age of superannuation of Teachers working in aided private Colleges was referred by the Coordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 60 to 62 years. Teachers working in the private aided Colleges were also given the benefit of enhancement of the age of superannuation from 60 to 62 years. On 01.04.2003, the Standing Committee recommended to the University Coordination Committee that it would be appropriate to keep the age of superannuation of Principals, Teachers and employees of private Colleges at par with their counterparts in Government Colleges. The said recommendations of the Standing Committee were approved by the Coordination Committee in its 72 nd meeting held on 07.01.2004. 3. A scheme for revision of pay of Teachers and equivalent cadres in Universities and Colleges was introduced on 31.12.2008 by the Ministry of Human Resources Development, Department of Higher Education, Government of India (2008 Scheme) following the revision of pay scales of the Central Government employees. The 2008 Scheme included enhancement of age of the superannuation of Teachers engaged in class room teaching from 62 to 65 years on the recommendations of the 6th Central Pay Commission. The Government of Madhya Pradesh accepted the recommendations contained in the 2008 Scheme on 16.04.2010. It was resolved that the ben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without being given the benefit of continuance till 65 years, the Appellant filed a Writ Petition in the High Court of Madhya Pradesh which was dismissed. The Petitioner filed a Writ Appeal questioning the judgment of the learned Single Judge. During the course of hearing, the Division Bench referred the following two questions for consideration by a Larger Bench of the High Court: I. Whether in view of the provisions of Statute No.28 of the College Code as amended and brought into force w.e.f. 07.01.2004 and whether in view of the provisions of the UGC Regulations, 2010, the Teachers working in the aided private institutes are also entitled to the benefit of having their age of superannuation fixed at 65 years as is applicable in the case of Government Teachers? II. Whether the Coordinate Bench of this Court while deciding the Writ Appeal in the case of Dr. Arun Kumar has laid down the principle correctly? 7. A Full Bench of the High Court of Madhya Pradesh answered the reference as following: (i) That Statute 28 of the College Code has not been amended with effect from 7.1.2004 as it was a recommendation, which has not been accepted either by the Executiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Committee which includes the power to approve or reject the Statutes and Ordinances submitted by the Executive Council of the University. Apart from the other functions of the Coordination Committee, he placed reliance on Section 36 of the 1973 Adhiniyam to submit that the Coordination Committee can pass a Statute not only on the proposal of the Executive Council of the University but it can do so on its own motion. He further submitted that the recommendation of the Standing Committee on 01.04.2003 was to keep the age of superannuation of private Teachers and employees of private Colleges at par with their counterparts working in the Government Colleges which was approved by the Coordination Committee it its 72nd meeting held on 07.01.2004. He argued that the said decision of the Coordination Committee is binding on the Government as well in view of the representation of several Senior Officers of the Government in the Coordination Committee. In view of the amendment of the College Code 28, he submitted that private College Teachers working in aided posts have a right to continue in service till they attain the age of superannuation of 65 years, by being treated at par with the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adhya Pradesh Uchcha Shiksha Anudan Ayog and Non-Grantee College not receiving any aid. The College Code shall apply to all Colleges admitted to the privileges of the University except the Colleges maintained or managed by the State Government or a Municipal Corporation or the University. Clause 26 of the College Code provides that a permanent Teacher shall be entitled to be in the service of the College until he/she completes the age of 60 years. The decision of the Coordination Committee dated 07.01.2004 was implemented by an amendment of the Clause 26 of Statute No.28 (College Code) which is as under: It was appropriate to maintain the age of superannuation of Principals, Teachers and employees of private Colleges at par with the age of superannuation of Principals, Teachers and employees of government Colleges. 14. Section 36 of the 1973 Adhiniyam reads as: 36. Statutes How Made (1) The first Statutes of the University shall be prepared by the Co-ordination committee. (2) The Co-ordination Committee may, from time to time make amend or repeal any Statutes by passing a Statute in the manner hereinafter appearing. (3) The Co-ordination committee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pares a Statute on its own motion. The High Court erroneously held that the amendment made to Statute 28 of the College Code was only a recommendation which was not accepted either by the Executive Council of the respective Universities or by the State Government. 16. Admittedly, the amendment to Statute 28 of the College Code on 07.01.2004 was not based on any proposal from the Executive Council of any University. It was made by the Coordination Committee on its own motion. The interpretation of Section 34 (4) of the 1973 Adhiniyam by the High Court that the Coordination Committee can only suggest modifications of the said Statutes in force is not correct. 17. The High Court has gone wrong in observing that any proposal for amendment to a Statute made by the Coordination Committee has to be sent to the Executive Council of the University. The power to amend the Statute is conferred on the Coordination Committee and not on the Executive Council as has been understood by the High Court. A further error committed by the High Court was to hold that there is no recommendation of the Standing Committee on the basis of which a Resolution was passed on 07.01.2004. The High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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