In a significant legal battle concerning the age of superannuation for teachers in private colleges, the Supreme Court of India delivered a crucial verdict. The case involved the Government of Madhya Pradesh and teachers in private aided educational institutions. The Court’s decision addressed the entitlement of teachers to continue in service until the age of 65, aligning their superannuation age with that of government teachers. The judgment impacts the service conditions and rights of teachers in private colleges, ensuring fair treatment and benefits in their professional careers.
Facts
- The University Grants Commission (UGC) pay scales, including the enhancement of the age of superannuation to 65 years, extended to Principals, Teachers, Librarians, and Sports officers in Government Colleges and Universities.
- The UGC framed the Regulations under the UGC Act to maintain standards in higher education and set minimum qualifications for academic staff.
- The Appellant was appointed as a Lecturer in Commerce in a college affiliated with the then Indore University, now Devi Ahilya Vishwavidyalay, Indore.
- The Government of Madhya Pradesh accepted the recommendations of the 2008 Scheme regarding superannuation on 16.04.2010.
- The issue in the Appeals is the entitlement of Teachers in private aided educational institutions in Madhya Pradesh to the enhanced superannuation age of 65 years.
- The 2008 Scheme, with recommendations from the Central Pay Commission, increased the superannuation age of class room teachers from 62 to 65 years.
- The UGC Regulations, while not directly applicable to State Governments, could be adopted by them.
- The Government of Madhya Pradesh amended the superannuation age of Government Teachers from 60 to 62 years in 1998.
- Teachers in private aided Colleges were also given the benefit of increasing superannuation age to 62 years.
- The Standing Committee recommended aligning the superannuation age of Principals, Teachers, and employees of private Colleges with those in Government Colleges.
- The Appellant filed a petition seeking a review of the judgement of the High Court, which was dismissed.
- The Appellant has approached the Court challenging the legality of the High Court’s judgements.
- The State Government accepted the revised pay scales only for members of the teaching faculty in Government Institutes.
- The Government of Madhya Pradesh amended the provisions of Madhya Pradesh Shaskiya Sevak (Adhivarshiki Ayu) Adhiniyam, 1967 on 02.05.2011 to enhance the age of superannuation to 65 years for Teachers in Government Colleges.
- A dispute regarding withdrawal of grant-in-aid for salaries of Teachers working in 100% Government aided Private Institutes was resolved by the Court in Civil Appeal No.71 of 2004.
- By an order dated 07.01.2014, the Court directed that 6th Pay Commission scales should be extended to Teachers, Lecturers, and non-teaching staff in private aided educational institutes.
- The Court clarified that Teachers appointed before the amendment seeking withdrawal of grant-in-aid in 100% Government aided private institutes would not be affected.
- Following a direction by the Court in Contempt Petition (Civil) No.359 of 2014, teaching staff in private institutes in Madhya Pradesh were granted UGC pay scales as per 6th Central Pay Commission recommendations from 01.01.2006.
- A Writ Petition was filed in the High Court of Madhya Pradesh by an Appellant challenging retirement at 62 years without the benefit of continuation till 65 years. The Writ Petition was dismissed.
- The Appellant then filed a Writ Appeal, and the Division Bench of the High Court referred two questions for consideration by a Larger Bench.
- A Full Bench of the High Court of Madhya Pradesh answered the reference stating that Statute 28 of the College Code was not amended and thus Teachers in aided private institutes are not entitled to a superannuation age of 65 years as Government Teachers.
- Writ Appeal No.343 of 2016 filed by the Appellant was disposed of in line with the Full Bench judgment.
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Arguments
- The learned counsel argued that the High Court’s conclusion regarding the Resolution dated 07.01.2004 on enhancing the age of superannuation for teachers in private colleges was incorrect.
- The powers of the Coordination Committee under the 1973 Adhiniyam were not properly understood by the High Court.
- The Coordination Committee’s decision on treating teachers in private colleges at par with those in government colleges is binding on the government.
- The Counsel emphasized that private college teachers in aided posts have the right to continue in service until they reach the age of superannuation at 65 years, as per the amendments in the College Code 28.
- The State of Madhya Pradesh’s Additional Advocate General argued in favor of the High Court’s judgment, stating it aligns with the law.
- He contended that according to Section 36 of the 1973 Adhiniyam, the advice of the Executive Council must be considered even if the Coordination Committee passes a statute on its own motion.
- Power is conferred on the Coordination Committee to amend or repeal any Statute and to draft a Statute proposed by the Executive Council of the University.
- The Coordination Committee is competent to frame Statutes on its own motion.
- Teachers working in private aided institutes are not entitled to claim continuance in service till the age of superannuation of 65 years.
- Mr. Gopal Sankarnarayanan, learned Senior Counsel for the Management of a private institute, argued that the salary for teachers working beyond 62 years till 65 years should be borne by the Government of Madhya Pradesh.
- Section 36 of the 1973 Adhiniyam empowers the Coordination Committee to prepare the First Statutes of the Universities.
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Analysis
- The Coordination Committee has the power to prepare, amend, and repeal the Statutes.
- If a draft is proposed by the Executive Council, the Coordination Committee may approve it and pass the Statute.
- The procedure to obtain views of the Executive Council is only applicable when the proposal for a Statute emanates from the Executive Council.
- The Coordination Committee can prepare a Statute on its own motion.
- The power to amend the Statute lies with the Coordination Committee and not the Executive Council.
- A recommendation was made by the Standing Committee on the age of superannuation for Teachers working in aided private Colleges.
- The Resolution dated 07.01.2004 by the Coordination Committee was not a recommendation but a decision that was implemented through an amendment to the College Code.
- The Coordination Committee can either approve or reject the recommendations made by the Executive Council on its own motion or by receiving a proposal from the Executive Council.
- The State Government cannot refuse to extend benefits to Teachers working in private aided institutes as per the provisions of the College Code.
- The interpretation by the High Court regarding the powers of the Coordination Committee to suggest modifications to Statutes is deemed incorrect.
- The UGC Regulations are to be adopted by the State Government and are not applicable to the Government per se.
- The age of superannuation for Principals, Teachers, and employees of private colleges was maintained to be at par with the age of superannuation for those in government colleges.
- The Co-ordination Committee has the authority to approve, reject, or return drafts of Statutes for further consideration.
- The Statute shall become effective after approval by the Co-ordination Committee, with a specified date.
- Statute No. 28, known as the College Code, governs the service conditions of teaching staff.
- The College Code applies to all colleges admitted to the privileges of the University, except those maintained by the State Government, Municipal Corporation, or the University.
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Decision
- The judgment of the Full Bench of the High Court and the consequential judgments of the Division Bench of the High Court are set aside.
- Government of Madhya Pradesh is directed to pay salaries to the Teachers in aided private Colleges who are working and those who have worked till they reached the age of 65.
- The Appeals are allowed.
Case Title: DR. R.S. SOHANE Vs. THE STATE OF MADHYA PRADESH
Case Number: C.A. No.-004675-004676 / 2019
