Punjab-Haryana High Court
Krishan Sharma vs Panjab University & Others on 14 March, 2014
Author: Hemant Gupta
Bench: Hemant Gupta, Inderjit Singh
R.A.No.119 of 2014 (O&M) in
C.W.P.No.6179 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision : 14.03.2014
R.A.No.119 of 2014 (O&M) in
C.W.P.No.6179 of 2012
Krishan Sharma ...Applicant-Petitioner
Versus
Panjab University & others ...Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE INDERJIT SINGH
Present : Mr. Anil K. Sharma, Advocate, for the applicant-petitioner.
HEMANT GUPTA, J.
The petitioner has sought review of the order passed by this Court on 07.08.2013, whereby the writ petition claiming extension in service up to the age of 65 years was dismissed.
The petitioner claims extension in service on the basis of Resolution dated 20.12.2011 passed by the Syndicate/Senate of the University resolving enhancement of age of superannuation in respect of whole-time Teachers of Panjab University from 60 years to 65 years. It is contended that this Court has not considered the effect of such Resolution in the order passed, consequently, the same suffers from error apparent on record. Kumar Vimal 2014.03.18 14:00 I attest to the accuracy and integrity of this document Chandigarh R.A.No.119 of 2014 (O&M) in C.W.P.No.6179 of 2012 2 Having heard learned counsel for the applicant-petitioner, we find that the present application is not tenable for more than one reason. Firstly, no such argument was raised at the time of hearing of the writ petition. Secondly, the Panjab University is established under the Panjab University Act, 1947 (for short 'the Act'). The Senate constituted under Section 11 of the Act has the entire management of and superintendence over the affairs, concerns and property of the University and shall provide for that management and exercise that superintendence in accordance with the statutes, rules and regulations for the time being in force. On the other hand, the Executive Government of the University vests in the Syndicate in terms of Section 20 of the Act. Sub- section (5) of Section 20 contemplates that Syndicate may make such rules not inconsistent with the provisions of this Act and the Regulations, as they may deem necessary for carrying on the executive Government of the University as specified in sub-section (1). The relevant provisions of the Panjab University Act are as under:
"11. Senate:
xx xx xx (2) The Senate shall have the entire management of and superintendence over the affairs, concerns and property of the University and shall provide for that management, and exercise that superintendence in accordance with the statutes, rules and regulations for the time being in force.
xx xx xx
20. Syndicate:
(1) The Executive Government of the University shall be vested in the Syndicate which shall consist of:
(a) The Vice-Chancellor as Chairman; Kumar Vimal 2014.03.18 14:00 I attest to the accuracy and integrity of this document Chandigarh R.A.No.119 of 2014 (O&M) in C.W.P.No.6179 of 2012 3 (b) The Director of Public Instruction, Punjab: and (ba) The Director of Public Instruction, Chandigarh. (c) Not less than twelve or more than fifteen Ex-officio or
Ordinary Fellows elected by the Faculties in such manner and for such period as may be prescribed by the regulations.
(2) The regulations referred to in Sub-Section (1) shall be so framed as to secure that a majority of the elected members of the Syndicate shall be Heads of, or teachers in Colleges affiliated to the University or Colleges and Teaching Departments maintained by the University.
xx xx xx (5) The Syndicate may make such rules, not inconsistent with the provisions of this Act and the Regulations, as they may deem necessary for carrying on the executive Government of the University as specified in Sub-Section (1).
31. Regulations:
(1) The Senate, with the sanction of the Government may, from time to time, make regulations consistent with this Act to provide for all matters relating to the University.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for -
x x x
(e) the appointment and duties of the Registrar and of
Officers and servants of the University, and of Professors, Readers and Lecturers appointed by the University;
xx xx xx"
In exercise of powers conferred on Senate, the Regulations have been framed with the sanction of the Government. The Regulations in respect of age of retirement are contained in Chapter VI(A), Volume 1 of the Panjab Kumar Vimal 2014.03.18 14:00 I attest to the accuracy and integrity of this document Chandigarh R.A.No.119 of 2014 (O&M) in C.W.P.No.6179 of 2012 4 University Calender. Regulation 17.3 contemplates that all whole-time members of the teaching staff shall retire on attaining the age of 60 years and no extension in service shall be granted. Regulation 17.3 of the Regulations reads as under:
"CHAPTER VI(A) CONDITIONS OF SERVICE OF UNIVERSITY EMPLOYEES (Regulations under Section 3(2)(e) of the Panjab University Act, 1947) xxx xxx xxx AGE OF RETIREMENT xx xx 17.3. All whole-time members of the teaching staff, as defined in Regulation 1.1 of Chapter V(A), shall retire on attaining the age of 60 years and no extension in service shall be granted."
A perusal of the above scheme of Statute shows that the Regulation 17.3 has been framed in exercise of the powers conferred under Section 31 of the Act. It could be amended or varied, only with the sanction of the Government. The sanction on behalf of Government is neither produced on record nor even said to be in existence even during the course of arguments. Therefore, mere Resolution of the Senate/ Syndicate will not have the effect of superseding Regulation 17.3 of the Regulations.
The issue; whether the members of the teaching faculty are entitled to retire on attaining the age of 65 years, has been considered by two Division Benches of this Court in Dr. A.C.Julka & others Vs. Panjab University & others 2009 (1) ILR (Punjab) 735 and CWP No.9665 of 2010 titled 'Prof. S.S.Bindra & others Vs. State of Punjab & others' decided on 04.03.2011. The applicability of the directions by the University Grants Kumar Vimal 2014.03.18 14:00 I attest to the accuracy and integrity of this document Chandigarh R.A.No.119 of 2014 (O&M) in C.W.P.No.6179 of 2012 5 Commission has been examined by the Supreme Court in Civil Appeal Nos.5527-5543 of 2013 titled 'Jagdish Prasad Sharma & others Vs. State of Bihar & others' decided on 17.07.2013. It has been held that the teaching faculty of the Panjab University is not entitled to extension in age on the basis of the directions of the University Grants Commission, the Panjab University not being a Central University.
In view of the above, we do not find any error apparent on record, which may warrant review of the order passed by this Court.
Dismissed.
(HEMANT GUPTA)
JUDGE
14.03.2014 (INDERJIT SINGH)
Vimal JUDGE
Kumar Vimal
2014.03.18 14:00
I attest to the accuracy and
integrity of this document
Chandigarh