Case Note & Summary
The petitioner, Dr. Goraksha V. Pargaonkar, was appointed as a lecturer on 23.8.1982 and later became principal of Bombay Physical Culture Association's College of Physical Education. He sought a writ of mandamus directing the State of Maharashtra and other respondents to apply Government Resolutions dated 5.3.2011 and 12.7.2016, which fix the age of superannuation at 62 years extendable to 65 years for principals and teachers in physical education colleges. His representation was rejected on 14.12.2016. The court examined whether these resolutions applied to physical education colleges. It noted that physical education colleges are governed by the University Grants Commission Act, 1956 and the regulations framed thereunder, which prescribe a retirement age of 60 years. The state government resolutions were issued for other categories of educational institutions and did not extend to physical education colleges. The court held that the petitioner was not entitled to the benefit of these resolutions and dismissed the petition.
Headnote
A) Service Law - Retirement Age - Applicability of Government Resolutions - Government Resolutions dated 5.3.2011 and 12.7.2016 - The petitioner, a principal of a physical education college, sought extension of retirement age to 62/65 years under these resolutions. The court held that physical education colleges are governed by the University Grants Commission Act, 1956 and regulations framed thereunder, and the state government resolutions do not apply to them. The petition was dismissed. (Paras 1-14)
Issue of Consideration
Whether the Government Resolutions dated 5.3.2011 and 12.7.2016, which fix the age of superannuation at 62 years extendable to 65 years for principals and teachers in physical education colleges, are applicable to the petitioner.
Final Decision
The petition is dismissed. The court held that the Government Resolutions dated 5.3.2011 and 12.7.2016 are not applicable to physical education colleges, which are governed by the University Grants Commission Act, 1956 and regulations thereunder.
Law Points
- Government Resolutions
- Retirement Age
- Physical Education Colleges
- University Grants Commission Act
- 1956
- Applicability of Government Resolutions
- Writ of Mandamus
Case Details
WRIT PETITION NO.585 OF 2017
B.R. Gavai, Sandeep K. Shinde
Mr. Rajiv Chavan, Senior Advocate along with Ms. Priyanka Chavan and Mr. Swaraj Jadhav for Petitioner; Ms. Uma Palsuledesai, Asst. Government Pleader for Respondent Nos.1 to 4; Mr. Rui A. Rodrigues, Advocate for Respondent No.6
Dr. Goraksha V. Pargaonkar
The State of Maharashtra, The Director of Higher Education, The Joint Director of Higher Education, The School Education and Sports Department, The Secretary, Bombay Physical Culture Association, University of Mumbai
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Nature of Litigation
Writ petition seeking mandamus to apply government resolutions fixing retirement age.
Remedy Sought
Petitioner sought direction to respondents to apply Government Resolutions dated 5.3.2011 and 12.7.2016 to fix his superannuation age at 62 years extendable to 65 years.
Filing Reason
Petitioner's representation to apply the resolutions was rejected on 14.12.2016.
Previous Decisions
Representation rejected by order dated 14.12.2016.
Issues
Whether the Government Resolutions dated 5.3.2011 and 12.7.2016 apply to physical education colleges.
Submissions/Arguments
Petitioner argued that the resolutions should apply to him as a principal of a physical education college.
Respondents contended that physical education colleges are governed by UGC regulations and the resolutions do not apply.
Ratio Decidendi
Physical education colleges are governed by the University Grants Commission Act, 1956 and regulations framed thereunder, and state government resolutions fixing retirement age for other categories of educational institutions do not apply to them.
Judgment Excerpts
The Petitioner who is qualified teacher of physical education and being an experienced education administrator is seeking a writ of mandamus directing the Respondent Nos.1 to 3 to apply provisions of the Government Resolutions dated 5.3.2011 and 12.7.2016...
The Petitioner was appointed as lecturer on 23.8.1982 and as a principal of Bombay Physical Culture Association's College of Physical Education...
Procedural History
Petitioner filed representation to apply government resolutions; rejected on 14.12.2016; then filed writ petition on 2017.
Acts & Sections
- University Grants Commission Act, 1956:
