Case Note & Summary
The dispute involved Appellant challenging a Single Judge's order that prevented the termination of two professors, following the closure of the unaided Automobile Engineering department. The College, a government-aided institution, closed the department due to declining admissions and financial unviability, with approvals from Visveshwaraiah Technological University (VTU) and the All India Council for Technical Education (AICTE). The professors, appointed in 1997 and 2005 respectively and promoted to professors in 2015, were issued relieving letters in September 2023, which they contested by filing writ petitions. The Single Judge framed the issue of whether termination was permissible upon course closure with regulatory approvals. The College argued that the posts were abolished, extinguishing any employment rights, while the professors relied on AICTE Regulations guaranteeing continuation till superannuation. The Court analyzed the AICTE Regulations of 2010 and 2019, which prescribe a superannuation age of 65 years and apply to all technical institutions. It noted that these regulations do not provide for faculty termination upon course closure and emphasize student welfare, not faculty displacement. The Court rejected the College's financial unviability argument, stating it cannot justify termination, and upheld the Single Judge's inference that silence in regulations favors employee continuation. It also referenced internal committee reports but found them unpersuasive. Ultimately, the Court dismissed the appeals, affirming that the professors must continue in service till age 65 with salary as per UGC regulations, as termination based on course closure is impermissible under AICTE Regulations.
Headnote
A) Education Law - Technical Institutions - Termination of Faculty Due to Course Closure - All India Council for Technical Education Regulations, 2010 and 2019 - Petitioners were professors in an unaided Automobile Engineering department that was closed due to low admissions and financial unviability, with approvals from VTU and AICTE - The Single Judge held that termination on this ground was impermissible as AICTE Regulations prescribe superannuation at 65 years and do not provide for faculty termination upon course closure, emphasizing that financial viability cannot justify termination - Held that faculty must continue till superannuation and receive salary as per UGC regulations (Paras 9-16). B) Employment Law - Service Conditions - Right to Continue Till Superannuation - All India Council for Technical Education Regulations, 2010 and 2019 - The College argued that posts were abolished upon course closure, extinguishing any right to continue - The Court upheld the Single Judge's view that AICTE Regulations, applicable to all technical institutions, mandate continuation of faculty services till age 65, and silence on faculty fate upon course closure implies a presumption in favor of employees - Held that unless mutually agreed, the institution must continue employment and pay salary (Paras 10-17). C) Administrative Law - Regulatory Approvals - Closure of Courses and Faculty Rights - All India Council for Technical Education Regulations - The College obtained VTU and AICTE approvals for closing the Automobile Engineering course, citing financial unviability - The Court affirmed that approvals for course closure do not authorize termination of faculty, as AICTE's priority is student welfare, not faculty displacement, and regulations lack provisions for such termination - Held that the College cannot retrench faculty based on financial grounds (Paras 13-15).
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Issue of Consideration: Whether the persons employed by a Technical Institution can be terminated on the ground that the VTU and AICTE had approved the closure of the course in which they were rendering their services
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Final Decision
The appeals were dismissed, upholding the Single Judge's order that termination was impermissible and the professors must continue in service till age of superannuation (65 years) with salary as per UGC regulations
