UGC/AICTE regulations on retirement age not binding on institutions affiliated to state universities without state adoption: Supreme Court

The Supreme Court on Friday (December 6) ruled that amended UGC or AICTE regulations increasing the retirement age to 65 years do not apply to institutions affiliated to state universities when the government of State chooses not to adopt these regulations. These institutions must respect the retirement age followed in the state.

The bench including Justice Vikram Nath and Justice Prasanna B. Varale heard the civil appeal filed by one PJ Dharmaraj who was initially appointed as a lecturer and reader at the Jawaharlal Nehru Technological University (“JNTU”) and later retired from the post of Director of the Institute of Technology of Church of South India (“CSIIT”) affiliated to JNTU, Telangana.

Two days after his retirement at the age of 60, the AICTE and UGC issued amended regulations, in which the retirement age was revised to sixty-five years. The applicant therefore requested that the same benefit be granted to him.

On the contrary, the respondents have argued that the appellant cannot claim the benefit of the amended retirement age because the subsequent amendment to the UGC Regulations has not been adopted by the State of Telangana and that the The revised retirement age of sixty-five was not adopted. prevail as standard in the State and in the JNTU to which CSIIT is affiliated.

After hearing the parties at length, Justice Nath observed in the judgment that when the retirement age of teachers was fixed at 60 years then the appellant could not benefit from special treatment for considering his retirement age at 65 years.

“The regulation governing the retirement age throughout the state, at JNT University and its affiliated colleges, including CSIIT, is sixty years and, therefore, when teachers of JNT University do not must continue that until the age of sixty, the appellant cannot be the subject of special attention. CSIIT is an affiliated institute of JNT University. Its teachers cannot have a retirement age higher than that of the teachers of the affiliated University. This would create a serious anomaly, discrimination and inequality. If the State Government itself has not passed the amended regulations, the same cannot be applicable to CSIIT. Even the CSIIT has not set the retirement age for teachers at 65 years. observed the court.

Further, the Court found that the appellant held only an administrative position and was not able to prove that he had served as a teacher before becoming the Director of CSIIT. Therefore, the UGC or AICTE regulations would not apply to the appellant, as these regulations apply only to those who are qualified as teachers and performing classroom teaching duties.

“Moreover, the appellant is not a teacher and was only involved in administrative tasks within CSIIT. The appellant has not presented any evidence thus far to show that he is qualified as a teacher after becoming a principal. AICTE and UGC regulations apply only to those who are qualified as teachers and who carry out classroom teaching duties.the court said.

Accordingly, the appeal was dismissed.

Case Title: PJ DHARMARAJ VERSUS CHURCH OF SOUTH INDIA AND ORS.

Citation: 2024 LiveLaw (SC) 958

Click here to read/download the judgment