Case Note & Summary
The University of Mumbai filed a writ petition challenging the order dated 20.09.2019 passed by the Mumbai University and College Tribunal in Appeal No. 4 of 2019. The Tribunal had set aside the University's order dated 21.02.2019 retiring the Respondent, Satish V. Ratnaparkhi, from the post of Professor-Cum-Director at the Alkesh Dinesh Mody Institute for Financial and Management Studies on the ground that he had completed 60 years of age. The Respondent was appointed on 08.02.2012 following the selection process under Section 78 of the Maharashtra Universities Act, 1994. The University contended that the Management Council had passed a resolution fixing the retirement age of Directors at 60 years. The Respondent argued that under the Act and the University Ordinances, the retirement age for teachers including Directors is 65 years. The Court analyzed the relevant provisions of the Maharashtra Universities Act, 1994, particularly Section 78, and the University Ordinances. It held that the appointment of a Professor-Cum-Director under Section 78 is akin to a teacher and the retirement age is governed by the Act and Ordinances, which prescribe 65 years. The Management Council resolution cannot override the statutory provisions. The Court also upheld the Tribunal's jurisdiction under Section 68 of the Act to entertain the appeal. Consequently, the writ petition was dismissed, and the Tribunal's order was confirmed. The Court directed that the Respondent be reinstated with continuity of service and consequential benefits, but without back wages for the period of non-working.
Headnote
A) Service Law - Retirement Age - Director appointed under Section 78 of Maharashtra Universities Act, 1994 - The retirement age of a Professor-Cum-Director appointed by a Selection Committee under Section 78 is 65 years as per the Act and University Ordinances, and cannot be reduced to 60 years by a Management Council resolution. The Tribunal correctly set aside the retirement order. (Paras 1-45) B) Jurisdiction - University and College Tribunal - Appeal under Section 68 of Maharashtra Universities Act, 1994 - The Tribunal has jurisdiction to entertain an appeal against an order of retirement passed by the University, as it relates to conditions of service. (Paras 2-10) C) Interpretation of Statutes - Retirement Age - Ordinances and Act - The provisions of the Maharashtra Universities Act, 1994 and the Ordinances of the University of Mumbai prescribe a retirement age of 65 years for teachers including Directors. A resolution of the Management Council cannot override the statutory provisions. (Paras 20-35)
Issue of Consideration
Whether the retirement age of a Professor-Cum-Director appointed under Section 78 of the Maharashtra Universities Act, 1994 is 60 years or 65 years, and whether the University can fix a lower retirement age by a Management Council resolution.
Final Decision
Writ Petition dismissed. The order of the Tribunal dated 20.09.2019 is confirmed. The Respondent is entitled to reinstatement with continuity of service and consequential benefits, but without back wages for the period of non-working.
Law Points
- Retirement age of Director is 65 years under Section 78 of Maharashtra Universities Act
- 1994 and University Ordinances
- University cannot unilaterally reduce retirement age by Management Council resolution
- Tribunal has jurisdiction to entertain appeal under Section 68 of the Act
