Case Note & Summary
The Supreme Court dismissed a batch of appeals filed by teachers working in private aided educational institutions in Madhya Pradesh, who sought the benefit of enhanced age of superannuation from 62 to 65 years, as applicable to government teachers. The appellants were appointed in private aided colleges receiving 100% grant-in-aid from the State Government. The dispute arose when the management retired the appellant, Dr. R.S. Sohane, on completion of 62 years, without extending the benefit of continuance till 65 years. The High Court of Madhya Pradesh, through a Full Bench, held that the teachers in private aided institutes were not entitled to the enhanced age of superannuation. The Supreme Court upheld this decision, reasoning that the State Government's acceptance of the UGC's 2008 Scheme and the subsequent amendment to the Madhya Pradesh Shaskiya Sevak (Adhivarshiki Ayu) Adhiniyam, 1967, which enhanced the superannuation age to 65 years, was expressly limited to teachers in government colleges and universities. The Coordination Committee's resolution of 07.01.2004 was merely a recommendation and did not have the force of a statute. The UGC Regulations, 2010, were not automatically applicable to the State; they could only be adopted by the State Government, which chose to adopt them only for government institutions. The court also noted that the teachers in private aided institutions had already been granted UGC pay scales pursuant to a prior Supreme Court order, but that did not extend to the age of superannuation. The appeals were dismissed, affirming the High Court's judgment.
Headnote
A) Service Law - Age of Superannuation - Private Aided College Teachers - The issue was whether teachers in private aided colleges are entitled to superannuation at 65 years like government teachers. The Supreme Court held that the State Government's acceptance of UGC recommendations for enhanced age of superannuation was limited to government institutes, and private aided teachers are not entitled to claim parity. (Paras 1-11)
B) University Law - Coordination Committee - Power to Make Statutes - The Coordination Committee's resolution dated 07.01.2004 was only a recommendation and not a binding statute, as it was not accepted by the Executive Council or the State Government. The power of the Coordination Committee under Section 36 of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 requires consultation with the Executive Council. (Paras 9-10)
C) Constitutional Law - Right to Equality - Article 14 - The claim of private aided teachers for parity with government teachers in age of superannuation was rejected as the State Government had not extended the benefit to them. The court found no discrimination as the State's decision was based on policy and financial considerations. (Paras 10-11)
Issue of Consideration
Whether teachers working in private aided educational institutions in Madhya Pradesh are entitled to the benefit of enhanced age of superannuation of 65 years as applicable to government teachers, in view of Statute No.28 of the College Code and UGC Regulations, 2010.
Final Decision
The Supreme Court dismissed all the appeals, upholding the judgment of the High Court of Madhya Pradesh. The Court held that teachers in private aided educational institutions in Madhya Pradesh are not entitled to the benefit of enhanced age of superannuation of 65 years. The State Government's acceptance of the UGC recommendations was limited to government institutes, and the Coordination Committee's resolution was not binding. No order as to costs.
Law Points
- Interpretation of University Statutes
- Applicability of UGC Regulations to State
- Power of Coordination Committee
- Parity in Service Conditions between Government and Private Aided Teachers
Case Details
Civil Appeal Nos. 4675-4676 of 2019 (Arising out of SLP (C) Nos. 31968-31969 of 2017) and connected appeals
Dr. R.S. Sohane and others
The State of Madhya Pradesh and Others
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Civil appeals against the judgment of the High Court of Madhya Pradesh dismissing writ petitions of teachers in private aided colleges seeking enhanced age of superannuation of 65 years.
Remedy Sought
The appellants sought a declaration that they are entitled to continue in service till the age of 65 years, at par with government teachers.
Filing Reason
The management of the private aided college retired the appellant on completion of 62 years, denying the benefit of enhanced superannuation age of 65 years.
Previous Decisions
The High Court of Madhya Pradesh, through a Full Bench, held that teachers in private aided institutes are not entitled to the enhanced age of superannuation of 65 years. The writ appeal and review petition were dismissed.
Issues
Whether the Coordination Committee's resolution dated 07.01.2004 had the force of a statute binding on the State Government?
Whether the UGC Regulations, 2010 are applicable to private aided colleges in Madhya Pradesh?
Whether teachers in private aided colleges are entitled to parity with government teachers in age of superannuation?
Submissions/Arguments
Appellants argued that the Coordination Committee's resolution was binding and that the UGC Regulations, 2010 apply to all colleges. They relied on Section 36 of the 1973 Adhiniyam to contend that the Coordination Committee could pass statutes on its own motion.
Respondent State argued that the resolution was only a recommendation, and the State Government had accepted the enhanced age of superannuation only for government institutes. The UGC Regulations are not automatically applicable to the State.
Ratio Decidendi
The State Government's decision to accept the UGC recommendations for enhanced age of superannuation was expressly limited to teachers in government colleges and universities. The Coordination Committee's resolution was only a recommendation and did not have the force of a statute. The UGC Regulations, 2010 are not automatically applicable to the State; they can only be adopted by the State Government. Therefore, teachers in private aided colleges cannot claim parity with government teachers in the matter of age of superannuation.
Judgment Excerpts
The issue that arises in the above Appeals is regarding the entitlement of Teachers working in private aided educational institutions in the State of Madhya Pradesh to the benefit of enhanced age of superannuation of 65 years.
The Government of Madhya Pradesh accepted the recommendations contained in the 2008 Scheme on 16.04.2010. It was resolved that the benefit of the University Grants Commission (‘UGC’) pay scales including the recommendations for enhancement of the age of superannuation to 65 years shall be extended to Principals, Teachers, Librarians and Sports officers serving in Government Colleges and Universities.
The UGC Regulations, 2010 are not applicable to the State Government per se but could be adopted by the State Government. The State Government has accepted the revised pay scales in respect of members of the teaching faculty in the Government Institutes alone.
Procedural History
The appellant filed a writ petition in the High Court of Madhya Pradesh challenging his retirement at 62 years, which was dismissed. A writ appeal was filed, and the Division Bench referred two questions to a Full Bench. The Full Bench answered against the appellant, and the writ appeal was dismissed. A review petition was also dismissed. The appellant then filed special leave petitions in the Supreme Court, which were converted into civil appeals.
Acts & Sections
- Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973: Section 34, Section 36
- Madhya Pradesh Shaskiya Sevak (Adhivarshiki Ayu) Adhiniyam, 1967:
- University Grants Commission Act, 1956: Section 26(1)(d)(e)
- Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karamchariyon Ke Vetano ka Sandaya) Sanshodan Adhiniyam, 2000:
