Central Administrative Tribunal - Srinagar
Asmat Parveen vs Islamic University Of Science And ... on 9 April, 2026
ITEM 01 1 TA 161 OF 2024
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
T.A. 161/2024
Heard and Reserved on: 30-03-2026
Pronouncement of Order on: 09-04-2026
CORAM
HON'BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)
HON'BLE MR. PRASANT KUMAR, MEMBER(Admn.)
Asmat Parveen, age 55 years
D/o Abdul Raheem Sofi
R/o 90 feet Road Iqbal Colony
Lane No.5 Soura Srinagar.
......Applicant
By Advocate :
Mr. M Y Bhat, Sr. Counsel
Mr. Faizan M Bhat
VERSUS
1. Islamic University of Sciences and Technology
(IUST) Awantipora Kashmir J&K through its Vice
Chancellor.
2. Regístrar, Islamic University of Sciences and
Technology (IUST) Awantipora Kashmir J&K
......Respondents
By Advocate :-
Mr., Rais Ud Din Ganaie, DAG
Devendra Tripathi
Devendra
C=IN, O=Personal, T=5448, OID.2.5.4.65=
1335902360675164369yr67OOaFf4FUU, Phone=
236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806,
PostalCode=210205, S=Uttar pradesh, SERIALNUMBER=
4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb,
Tripathi
CN=Devendra Tripathi
I am the author of this document
2026.04.10 10:31:56+05'30'
ITEM 01 2 TA 161 OF 2024
O R D E R (FINAL)
HON'BLE MR. PRASANT KUMAR, MEMBER(Admn.)
01. The The instant TA No. 161 of 2024 was initially filed before the Hon'ble High Court of Jammu & Kashmir and Ladakh, Srinagar as WP(C) No. 995 of 2023. On the request of the applicant the instant case was transferred from Hon'ble High Court of Jammu & Kashmir and Ladakh, to this Tribunal vide order dated 18.9.2024 and was registered as TA No. 161 of 2024 in this Bench.
02.The applicant, an Associate Professor (Nursing) in Alamdar Memorial College of Nursing and Medical Technology, Charar-i-Sharief, Budgam, a constituent college under the Islamic University of Science and Technology, Awantipora, is aggrieved that she is being retired at the age of 60 years and not at the age of 62 years or 65 years as prescribed in UGC Regulations. Accordingly, the applicant prays for the following reliefs:
(i)Writ of Prohibition, prohibiting the official respondents from retiring the Petitioner at the age of Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 3 TA 161 OF 2024 60 years.
(ii)Writ of Mandamus, commanding the official respondents to allow the Petitioner to work in the respondents department till she attained the age of 62 years and in case the university is following at that time age of retirement as 65 years and Petitioner shall also be allowed to perform her duties up to the age of 65 years.
(iii)Writ of Mandamus, commanding the respondents to produce the documents regarding the age of Abdul Majeed Andrabi, Assistant Director, Faculty of Arabic Department, Islamic University of Science and Technology (IUST).
(iv)Any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the Petitioner and against the Respondents along with the cost of litigation.
Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 4 TA 161 OF 2024
03.The facts of the case, as brought out in the instant TA No. 161 of 2024, is that the applicant, who was working in Sher i Kashmir Institute of Medical Sciences (SKIMS) at Soura, Srinagar, applied for the post of Associate Professor in Nursing College in Islamic University of Science and Technology (IUST) in response to Advertisement Notice No. 07 of 2015, dated 2.12.2015. She was selected for the post vide Order No. 201/Estt. of 2016, dated 30.5.2016 in the Nursing College of IUST. Accordingly, she was relieved by SKIMS Soura on 14.6.2016 to join her new position. The applicant's past service in SKIMS was subsequently sanctioned by the Registrar, Islamic University of Science and Technology.
04.The applicant submits that the notification, dated 18.7.2018, the UGC Regulations, issued by University Grants Commission (UGC), prescribes minimum qualifications for appointment of teachers and other academic staff in Universities and Colleges and measures for maintenance of the higher standard of education. It Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 5 TA 161 OF 2024 further provides that for the purposes of direct recruitment for teacher's posts, in terms of the University Grants Commission / Notification, it shall cover universities and the college teachers and cadres of Librarians, Directors of Physical Education and Sports for maintenance of standard in higher education and revision of pay scales. It also provides, at point 1.1, that this notification shall prevail in various institutions including the affiliated colleges / Universities. The UGC regulations provide that all the Associate Professors and Professors in the affiliated colleges and the Universities will retire on attaining the age of 62 years. However, the respondents are bent upon to retire the Petitioner on attaining the age of 60 years, thereby greatly affecting her rights. It is further submitted that the respondent University has already applied age of 62 years for the retirement of teaching staff, Abdul Majeed Andrabi, Assistant Professor, Faculty of Arabic Department, IUST.
05.The Petitioner submits that she is subjected to all rules and Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 6 TA 161 OF 2024 regulations of the Islamic University of Science and Technology (IUST) and the University Grants Commission (UGC). In the order of the Registrar, IUST, wherein the past service of the Petitioner has been counted for retiral benefits, it has also been mentioned that the Petitioner shall be governed by the Old Pension Scheme applicable to the IUST. This clearly shows that the Petitioner is subject to the rules and regulations of the Islamic University of Science and Technology. Moreover, in the Statutes of the Islamic University of Science and Technology, at para 5.18, it has been mentioned that "It is provided that the teachers in the permanent whole time service of University shall retire on superannuation on completing the age of 65 years subject to the ascent of Chancellor." In Islamic University of Science and Technology and colleges the teaching staff is retiring at the age 62 years and now statutes provide that it shall be extended to the age of 65 years. Since all the Universities, including the Islamic University of Science and Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 7 TA 161 OF 2024 Technology, follow the age of retirement as 62 years for Professors and Associate Professors, the Petitioner cannot be singled out as she also holds the post of Associate Professor in the respondent department and hence her fundamental right cannot be violated.
06.Per contra, the respondents submit that the retirement age of 65 years is applicable only to the University faculty whereas the Petitioner is serving in a constituent Nursing College, the Alamdar Memorial College of Nursing and Medical Technology, Charar-i-Sharief, Budgam, governed by a different regulatory framework applicable to the Government Nursing Colleges across the UT. The said Nursing College is not a teaching Department of the University. Therefore, the service condition of the Petitioner are governed by the regulatory framework applicable to nursing education institutions, including guidelines issued by the Indian Nursing Council (INC) and the rules governing faculty of Nursing Colleges, under which the age of superannuation for faculty Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 8 TA 161 OF 2024 members in Nursing Colleges is prescribed as 60 years and there is no statutory provision or regulatory guidelines permitting continuation up to the age of 65 years as claimed by the Petitioner. It has further been submitted that the retirement age of 65 years is applicable exclusively to the faculty members of University teaching departments governed by UGC Regulations and University Statutes, which have no application to faculty members working in Nursing Colleges, as it is a separate cadre of teaching staff whose service conditions are regulated by Indian Nursing Council norms and other applicable rules governing nursing education institutions. Needless to say, the faculty appointed in the University teaching departments, are governed by University Statutes, Ordinances and UGC Regulations. Consequently, the Petitioner cannot claim a benefit that is neither recognized nor contemplated under the governing regulatory framework applicable to her cadre. Moreover, the Petitioner has attempted to create an impression that Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 9 TA 161 OF 2024 the service conditions applicable to University faculty should automatically extend to faculty members working in a Constituent Nursing College. It is a settled principle of service jurisprudence that employees belonging to different cadres governed by different statutory or regulatory frameworks cannot claim parity in service conditions, including matters related to retirement age.
07.The respondents further submit that the distinction between University faculty and College faculty is well recognized in law and is based upon the nature of appointment, governing statutes and regulatory authorities. In the present case, the respondents have consistently followed the applicable regulatory framework and have retired similarly placed faculty members working in the constituent Nursing Colleges at the age of 60 years. For instance, Ms. Zamrooda, Assistant Professor, and Ms. Munima Parveen, Assistant Professor (Nursing) were also retired upon attaining the age of 60 years, in accordance with the applicable rules, clearly Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 10 TA 161 OF 2024 reflecting the consistent administrative practice followed by the respondents.
08.The respondents have further averred that the teaching faculty appointed in the teaching departments of Universities and such affiliated colleges governed by the UGC norms are covered under the UGC Regulations, whereas the Petitioner is serving as Associate Professor in Alamdar Memorial College of Nursing and Medical Technology, Charar-i-Sharief, Budgam, which is a Constituent Nursing College governed by the regulatory framework applicable to nursing education institutions, including the norms prescribed by the Indian Nursing Council. The retirement of the Petitioner at the age of 60 years has been notified strictly in accordance with the Indian Nursing Council Guidelines; the rules governing teaching faculty of nursing colleges; and the consistent administrative practice followed by the University.
09.On the Order No. 321 of 2021, dated 6.9.2021, the respondents submit that the said order was issued to Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 11 TA 161 OF 2024 accord post facto sanction to count the past services rendered by the Petitioner at SKIMS, Soura for the limited purpose of according retirement benefits to the Petitioner and this does not alter the cadre, regulatory framework or service conditions applicable to the Petitioner. Moreover, it has also been submitted that the Petitioner is erring in contending that as her pensionary benefits are governed by the Old Pension Scheme applicable to the Islamic University of Science and Technology, she is automatically entitled to claim parity in all service conditions, including the age of superannuation, with the teaching faculty of the University.
10.Ld. Counsel for the both the Parties submitted their oral arguments at length during the hearing. To buttress his arguments the Ld. Senior Counsel for the Petitioner referred to the Advertisement Notice No. 7 of 2015, dated, 2.12.2015, inviting applications for posts, including the Associate Professor in Nursing College, issued by the Registrar, Islamic University of Science and Technology Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 12 TA 161 OF 2024 (IUST) (Annexure-I at page 11 of the paper book), and the appointment order in which one of the conditions is -
"(iii) the service conditions of the appointee shall be governed in accordance with University Statutes and rules as are in force with amendments or as may come into force with amendments, from time to time, together read with provisions of J&K CSR wherever applicable". He argued that as per the appointment order the services of the Petitioner is to be governed by the University Statutes / UGC Regulations and the University Statute 5.4 refers to Limitation of Age - A teacher of the University shall retire from the services of the University on the last day of the month in which he / she attains the age of sixty five years (subject to the assent of Chancellor) ..........
11.Accordingly, the Ld. Senior Counsel for the Petitioner argued that the provisions of J&K CSR will be applicable only where the Islamic University of Science and Technology Statutes are silent.
12.The Ld. Senior Counsel for the Petitioner further drew Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 13 TA 161 OF 2024 attention to the University Grants Commission Regulations, dated 18.7.2018, which prescribes minimum qualification for appointment of teachers and other academic staff in Universities and Colleges and measures for maintenance of standards in higher education. He referred to para1.2 of the said Regulation, which reads -
"These shall apply to every University established or incorporated by or under a Central Act, Provincial Act, or a State Act, every institution including a Constituent, or an affiliated college, recognized by the Commission in consultation with the University concerned under Clause
(i) of Section 2 of the University Grants Commission Act, 1956 and every institution deemed to be a University under Section 3 of the said Act". He submitted that Regulation 1.2 very clearly spells out the applicability of UGC Regulations on the Petitioner.
13.Per contra, the Ld. Counsel for the respondents submitted that the appointment order of the Petitioner refers to applicability of Civil Services Regulations along with Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 14 TA 161 OF 2024 University Statutes and rules and accordingly, SRO 164 of 2014, vide which it has been notified that a Government servant in service on 1.6.2014, or appointed on or after that date, shall retire on his attaining the age of 60 years, is applicable to the Petitioner.
14.To buttress his arguments further on applicability of Islamic University of Science and Technology Statutes on the Petitioner, the Ld. Senior Counsel referred to Section 12 (1) and 12 (2) of the Islamic University of Science and Technology Act, 2005 wherein it has been mentioned "(1) The University shall have such Schools of Studies as may be specified in the Ordinances. (2) Every School of Studies (hereinafter referred to as the 'School') shall consist of such Departments as may be assigned to it by the Ordinance". He further referred to the Office Memo No. IUST/DAA-Acad/23/2322, dated 16.11.2023 of the IUST by virtue of which Board of Studies for the constituent Nursing Colleges of IUST, viz. Syed Mantaqi Memorial College of Nursing and Medical Technology, Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 15 TA 161 OF 2024 Awantipora and Alamdir Memorial College of Nursing and Medical Technology, Charar-i-Sharief, Budgam, has been constituted and the Principal of the Petitioner's college is the Member / Convener. In another Notification no. IUST/Acad/20/316, dated 1.10.2020 of IUST, the Board of Studies has been constituted and the Petitioner, Associate Professor, SMMCN&MT has been shown as a Member although the Petitioner has been Associate Professor in AMCNMT. Vide notification dated 25.8.2017 of IUST the Petitioner has been made a Member of Board of Studies of School of Health Sciences and she has been shown as I/c Principal SMMCN&MT. All these are a clear pointer to the fact that the Petitioner was covered by the University Statutes and the Islamic University of Science and Technology Act, 2005.
15.The Ld. Senior Counsel drew attention to the Advertisement Notice No. 04RA of 2025, dated 1.5.2025, issued by the Government Medical College, Baramulla, inviting applications for engagement of Faculty on Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 16 TA 161 OF 2024 academic arrangement basis in Government Nursing College Delina (Baramulla) and Government Nursing College Sopore, wherein the maximum age at the time of submitting application form for the post of Associate Professor cum Vice Principal has been mentioned as 67 years.
16.Per contra, the Ld. Counsel for the respondents submitted that the said advertisement notice is for engagement under academic arrangement and the advertisement mentions that the engagement "initially for a period of one year, extendable up to maximum of six years (one year at a time and subject to performance and good conduct) or till the selection / promotion is made in accordance with recruitment rules governing the respective posts, whichever is earlier." Therefore, the argument of the Ld. Senior Counsel for the Petitioner is not applicable in the present case.
17.The Ld. Senior Counsel referred to an order dated 2nd January, 2026, passed by this Tribunal in OA No. 16 of Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 17 TA 161 OF 2024 2026 wherein this Tribunal had ordered "notwithstanding the retirement, the service conditions of the applicant shall be maintained at his present place of posting as envisaged under SRO 226 of 2014 and SRO 26 of 2015".
18.Per contra, the Ld. Counsel for the respondents submitted that the ratio of this case is not applicable on the Petitioner's case as the applicant in the OA No. 16 of 2026 has sought parity with similarly situated officers who had been given the benefit of extension of age of superannuation and his inclusion in the teaching faculty cadre.
19.In support of his arguments, the Ld. Senior Counsel for the Petitioner further referred to Fundamental Rule 56 (bbb), issued by the Department of Personnel and Training vide Office Memorandum No. DOPT- 1669894287310, dated 01st December, 2022 - "(bbb) the age of superannuation in respect of nursing teaching faculty with M.Sc. in Nursing in the Central Government Nursing Institutions shall be 65 years subject to the Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 18 TA 161 OF 2024 condition that they continue to function as faculty members after the age of 60 years".
20.Per contra, the Ld. Counsel for the respondents submitted that this Rule was applicable to Central Government Nursing Institutions and not on the Nursing Institutions of the Union Territory of Jammu and Kashmir.
21.In this context the Ld. Senior Counsel for the Petitioner further referred to the various regulations and policy decisions of Indian Nursing Council, issued vide Communication, File No. 1-5(GB)Cir/2011, dated 3rd January, 2012, wherein at para 20(iii) it has been mentioned that - "Age increased for Teaching Faculty up to 70 years".
22.Per contra, the Ld. Counsel for the respondents submitted that the said provisions are for those colleges which are going to start. Moreover, the age of 70 years is not fixed for 70 years but it is 'up to' and the competent authority has to take a decision on this. The Ld. Senior Counsel for the Petitioner further referred to a notification no.
Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 19 TA 161 OF 2024 RGU/AUTH/185 SYN/123/01/2023-24 dated, 8.2.2024 wherein the University has notified the age criteria - "The upper age limit for the post of principal RGUHS affiliated Nursing Institutions having B.Sc. (N), PB B.Sc. (N) & M.Sc. (N) courses shall be of 65 years, however those faculty who are above 65 years can continue to work as faculty under 70 years of age".
23.Per contra, the Ld. Counsel for the respondents submitted that the notification of RGUHS, Karnataka pertains to the post of Principal of RGUHS affiliated Nursing Institutions and not to the constituent Institutions like where the Petitioner has been working.
24.On the case of Ms. Zamrooda, Assistant Professor, as referred to in the reply / objections submitted by the respondents, the Ld. Senior Counsel for the Petitioner submitted that Ms. Zamrooda Akhter was a Sister Tutor while the Petitioner was appointed as Associate Professor, and hence her reference by the respondents is not relevant here and in this connection submitted Government Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 20 TA 161 OF 2024 Medical College, Srinagar's communication no. GMC/EST-III/2024/3077-78, dated 20.8.2024.
25.Per contra, the Ld. Counsel for the Respondents submitted that Ms. Zamrooda retired as Principal of Nursing College at the age of 60 years. On the reference of the name of Ms. Munima Parveen, Assistant Professor (Nursing) by the respondents in their reply, the Ld. Senior Counsel for the Petitioner submitted that after her retirement Ms. Munima Parveen was shifting out and hence she did not raise the issue of age of her retirement. On Abdul Majeed Andrabi, Assistant Director, Faculty of Arabic Department, Islamic University of Science and Technology (IUST), the Ld. Counsel for the respondents submitted that Mr. Andrabi, Asstt. Dir. was in the University's Arabic Department and not in a College / Institution.
26.The Ld. Senior Counsel for the Petitioner referred to a judgment by the Hon'ble Supreme Court of India in the case titled Mandeep Singh & Others Vs. State of Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 21 TA 161 OF 2024 Punjab & Others reported as 2025 INSC 834 wherein the Hon'ble Court has referred to its own judgment in the case titled Gambhirdan K Gadhvi Vs. State of Gujarat reported as (2022) 5 SCC 179, wherein it has been held that UGC Regulations have a mandatory character and are binding on all Universities, State or Central, that have opted to receive the financial assistance of the UGC under its Scheme dated 31.12.2008.
27.Per contra, the Ld. Counsel for the Petitioner referred to a judgment passed by the Hon'ble Supreme Court of India in the case titled P.J. Dharamaraj Vs. Church of South India & Others, passed in the SLP (C) No. 8457 of 2022, wherein the Hon'ble ruled that the State University and affiliated institutions are not bound by UGC / AICTE Regulations without State adoption - 'we do not find merit in the contention that merely because UGC and AICTE regulations were subsequently amended in 2010 and the age of superannuation was increased to sixty-five years, the same benefit would automatically extend to the Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 22 TA 161 OF 2024 Appellant. The Appellant was working as Director in CSIIT which is affiliated with JNT University which is governed by the laws applicable in the State of Telangana. In this case, the Government of Andhra Pradesh (now Telangana) has decided to not adopt the amendment increasing the age of superannuation to sixty-five in their universities or colleges .........".
28.The Ld. Counsel for the respondents Mr. Raees ud din Ganai, referred to Section 2 (d) of the Islamic University of Science and Technology Act, 2005, wherein 'College' has been defined - "College means a college maintained by the University". He referred to Regulation 16.1 of the UGC Regulations, 2018, which mentions - At the time of recruitment in Universities and Colleges, a service agreement should be executed between the University/College and the teacher concerned and a copy thereof shall be deposited with the Registrar/Principal. Such service agreement shall be duly stamped as per the government rates applicable and submitted that this Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 23 TA 161 OF 2024 clause very clearly distinguishes between University and College staff. He further submitted that the Alamdir Memorial College of Nursing and Medical Technology, Charar-i-Sharief, Budgam is not wholly maintained by the University and the Indian Nursing Council also has a role.
29.On qualifications required for appointment of an Associate Professor, the Ld. Counsel for the respondents submitted that the Petitioner has not been appointed as per the provisions of the UGC Regulations as Regulation 3.8 of Regulation 2018, under the heading "Recruitment and Qualifications", refers to - "The Ph.D. degree shall be a mandatory qualification for appointment and promotion to the post of Associate Professor". Even the UGC Regulations 2010, which was applicable at the time of appointment of the Petitioner mentions - "4.3.0 Associate Professor - i. Good academic record with a Ph.D. Degree in the concerned / allied / relevant discipline." He submits that the qualification prescribed in the advertisement dated 3.12.2015 (Annexure I of the paper book) for the post of Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 24 TA 161 OF 2024 Associate Professor in Nursing Colleges, under which the Petitioner has been appointed, mentions - "M. Sc. Nursing with 8 years experience including 5 years teaching experience. Ph.D. (Nursing) desirable" and this advertised qualification for the post of Associate Professor in Nursing College is as per the qualification prescribed by Indian Nursing Council, Syllabus, Basic B.Sc. Nursing, at page 9 and it reads - "Associate Professor - M. Sc. (N) with 8 years experience including 5 years teaching experience. Ph.D. (N) is desirable". Thus the Ld. Counsel for the respondents submitted that the Petitioner was selected not as per UGC Regulations but as per Indian Nursing Council provisions and hence her claim for applying the provisions of UGC Regulations in her case, so far her retirement age is concerned, is not supported by the facts.
30.The Ld. Counsel for the respondents referred to the communication No. 1-32/2006-U.II/U.I(i) dated, 31.12.2008 of the Ministry of Human Resource Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 25 TA 161 OF 2024 Development on revision of pay scales of teachers in Central Universities, at para 2(a)(viii) it has been mentioned - "Posts of Associate Professor shall be in the Pay Band of Rs. 37400-67000 with AGP of Rs. 9000". He further submitted that the UT Government Order No. 317- JK(HME) of 2021, dated 28.4.2021, issued on the subject of notification for minimum qualification for recruitment and method of recruitment for various posts in the B.Sc. Nursing Colleges in J&K, the pay scale of Associate Professor cum Vice-Principal has been mentioned Level 12 (7880-209200) which is not equivalent to UGC Scale.
31.The Ld. Counsel for the respondents further averred that the Selection Committee composition for the post of Associate Professor in the University, as per UGC Regulations, 2018, includes the Vice Chancellor or his nominee, An academician, Three experts, Dean of the Faculty, Head / Chairperson of the Department / School, etc. while the Selection Committee for Associate Professor in Colleges, including Private and Constituent Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 26 TA 161 OF 2024 Colleges, include the Chairperson of the Governing Body, Principal of the College, HoD / Teacher in charge of the concerned subject from the college, two University representative, two subject experts, an academician belonging to SC/ST/OBC/Minority/Women/Differently- abled categories. Thus, the composition of the Selection Committees for the University Teachers and the Teachers in colleges, including Private and Constituent Colleges are different and hence makes a distinction between the Teachers of the University and the College.
32.On the oral prayer of the Ld. Senior Counsel for the petitioner to grant a stay on the retirement of the Petitioner, the Ld. Counsel for the respondents referred to the judgment of the Hon'ble Supreme Court of India in the case titled Central Council for Research in Ayurveda Sciences and Another Vs. Bikartan Das and Others, reported as 2023 LiveLaw (SC) 692 wherein the Hon'ble Court observed that "We are a bit disappointed to observe that the High Court dealt with the present Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 27 TA 161 OF 2024 litigation in a very casual manner. First, the High Court went to the extent of granting interim relief extending the period of service beyond 60 years till the disposal of the Original Petition. ..........respondent no. 1, although was to retire in 2018 yet continued in service till 2021. ............. If the public servant succeeds, he can always be compensated. But if he fails, he would have enjoyed undeserved benefit of extended service. ............We fail to understand how the Court fix the age of superannuation of an employee saying that he is very much devoted towards his job. The age of superannuation is always governed by statutory rules and other service conditions".
33.Heard Ld. Counsels for the Parties, considered the afore- noted contentions and carefully perused the documents placed before us.
34.It is admitted that the Alamdar Memorial College of Nursing and Medical Technology (AMCNMT), Charar-i- Sharief, Budgam was established by J&K Muslim Wakf Board with various staff positions including two posts of Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 28 TA 161 OF 2024 Associate Professor. As the Wakf Board failed to provide financial support to meet the expenses with respect to salaries, furnishing, laboratory equipment etc. to the tune of Rs. 1.90 crore and the University had appointed the teaching staff, therefore, the University created the positions of faculty / supporting staff under the ambit of University. It is also admitted that the post of Associate Professor in Nursing College was advertised by the Registrar, Islamic University of Science and Technology and the appointment order was issued by the Assistant Registrar (Establishment), Islamic University of Science and Technology. One of the conditions in the appointment order was "the service conditions of the appointee shall be governed in accordance with the University statutes and rules as are in force with amendment or as may come into force with amendments, from time to time, together read with provisions of J&K CSR wherever applicable".
35.The question central to this TA is whether the Regulations framed by the UGC had a binding effect on the Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 29 TA 161 OF 2024 educational institutions run by different States under the State enactments or whether the UGC Regulations / Islamic University of Science and Technology Statutes would be applicable to the Petitioner or not?
36.The star argument of the Petitioner is that the advertisement for the post of Associate Professor in the Nursing College was issued by the Islamic University of Science and Technology and the appointment orders were also issued by the University and hence ipso facto she is covered by the University Statutes and the UGC Regulations.
37.The question, whether the UGC Regulations had a binding effect on the educational institutions run by different States under the State enactments, has been dealt with by various Hon'ble Courts. The Hon'ble Supreme Court of India, in its judgment dated 3rd August, 2022, in the case titled Dr. J. Vijayan Vs. The State of Kerala reported as 2022 INSC 782, held that while UGC Act empowers the commission to regulate standards and conditions in Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 30 TA 161 OF 2024 higher education, it does not encroach upon the state's authority to legislate on specific employment policies, such as retirement age. Retirement age, which is inherently a policy decision affecting employment terms, the authority resides solely with the state governments under Article 309. Thus the state governments retain exclusive authority over employment policies such as retirement age. The Supreme Court delineated clear boundaries between central regulatory bodies and state legislatures who have to tailor their policies according to their unique socio-economic contexts.
38.In the case titled MM Mathai Vs. Elizabeth Xavier and Others, reported as 2011 (2) KLT 468, the Hon'ble High Court of Kerala in its judgment held that-
32. It was observed that the stand of the UGC was clear, that the age of retirement was a matter left to the Policy decision of the State Government and not part of the Regulations of the UGC. ..........the age of retirement of teaching staff is totally outside the purview of the UGC Regulations and it stands entirely Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 31 TA 161 OF 2024 within the domain of the State Government.
39.The Hon'ble Supreme Court of India in their judgment dated 7th May, 2007, in the case no. Appeal (Civil) 6686- 6689 of 2003, titled B. Bharat Kumar and Others Vs. Osmania University and Others affirmed the discretion of the State Governments to adopt or modify central schemes based on local contexts. The Hon'ble Court deliberated on whether the State Government of Andhra Pradesh was bound to implement the UGC's proposed revision, particularly the extension of the retirement age. The Hon'ble Court ruled that the central recommendations, unless constituted as binding legislation, do not override state discretion.
40.The Hon'ble Supreme Court of India in the case titled DS Reddy Vs. Chancellor, Osmania University and Others in Appeal (Civil) No. 2313 of 1966 cited as (1966) 12 SC CK 0005 held that the age of retirement as prescribed in the UGC Scheme cannot be claimed as a right of the teachers, when the Government has not accepted the Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 32 TA 161 OF 2024 recommendation of the UGC. The age of retirement being a policy matter it is within the exclusive premise of the State. The Hon'ble High Court of Patna, in its Judgment dated 24.6.2008, in the case titled Prof. Dr Ravindra Prasad and Others Vs. State of Bihar and Others, case no. CWJC No. 4823 of 2008., held that as there was no conscious decision of the UGC increasing the age of retirement of teachers in the Universities of Bihar to the age of 65 years and hence the relief claimed by the petitioners are misconceived in fact and not available in law. The High Court of Punjab and Haryana, in their judgment in the case titled Narinder Paul Singh Vs. IK Gujral Punjab Technical University, Jalandhar and Others in CWP No. 24058 of 2019 and reported as 2023:PHHC:159354, held that conscious decision of increasing the age from 60 years to 65 years has to be taken by the concerned University and that the University has not taken a conscious decision to enhance the age of its teachers and on the other hand, the Board of Governors Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 33 TA 161 OF 2024 in its 10th Meeting had taken a decision to retire its staff at 60 years of age, the retirement of the petitioner at the age of 60 years cannot be said to be illegal or unjustified. The regulations with regard to enhancement of age have to be treated as directory and not mandatory.
41.The above make it abundantly clear that fixing the age of retirement falls within the domain of the State / UT. Moreover, the Petitioner has not placed any document pertaining to the adoption of the UGC Regulation by the erstwhile State Government or the Government of Union Territory of Jammu and Kashmir. In the light of the above the SRO 164 of 2014, which notifies that a Government servant in service on 1.6.2014, or appointed on or after that date, shall retire on his attaining the age of 60 years, seeks consideration.
42.The Indian Nursing Council (INC) is a statutory body under the Ministry of Health and Family Welfare, Government of India, and its main function is to achieve uniform standards of Nursing Education in the country.
Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 34 TA 161 OF 2024 Thus, the Nursing Colleges throughout the country, including in Jammu and Kashmir, follow the syllabus prescribed by the Nursing Council of India (INC).
43.From the perusal of the Advertisement Notice 07 of 2015, dated 2.12.2015 it is very clear that the eligibility criteria for the post of Associate Professor in Nursing College of Islamic University of Science and Technology, Awantipora, Kashmir, was "M.Sc. (Nursing) with 8 years experience including 5 years teaching experience. Ph.D. (Nursing) desirable" which is as per the qualifications and experience prescribed for the post of Associate Professor in a Nursing College by the Indian Nursing Council, Syllabus, Basic B.Sc. Nursing, and at page 9, where it is mentioned - "Associate Professor - M. Sc. (N) with 8 years experience including 5 years teaching experience. Ph.D. (N) is desirable". Thus, the eligibility as mentioned in the Advertisement for the post of Associate Professor in Nursing Colleges of Islamic University of Science and Technology is in tune with what has been prescribed by Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 35 TA 161 OF 2024 the Indian Nursing Council. On the other hand, the eligibility / qualification for the post of Associate Professor as per UGC Regulations, 2010, which was applicable at the time of appointment of the Petitioner, is
- "3.8.0 The Ph.D. Degree shall be a mandatory qualification for all candidates to be appointed as Associate Professor. 4.3.0 Associate Professor - i. Good academic record with a Ph.D. Degree in the concerned / allied / relevant discipline." This very clearly establishes that the appointment of the Petitioner by the Islamic University of Science and Technology, on the post of Associate Professor Nursing College, was made as per the eligibility / qualifications issued by Indian Nursing Council and not as per UGC Regulations. Therefore, the prayer of the Petitioner for differential application of UGC Regulations on her, i.e. appointment as per the eligibility criteria prescribed by the Indian Nursing Council and retirement as per UGC Regulations, cannot be supported.
44.The settled position of law that the age of retirement is a Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 36 TA 161 OF 2024 matter left to the policy decision of the State / UT and that the Petitioner could not place any document before us pertaining to adoption of the UGC Regulations by the then State of Jammu and Kashmir or the Union Territory of Jammu and Kashmir and that the advertisement and appointment of the Petitioner has been in accordance with the eligibility prescribed by the Indian Nursing Council and not as per the qualifications prescribed in the UGC Regulations, we do not find merit in the averments made by the Petitioner in the instant Transfer Application. Moreover, in the Statutes of the Islamic University of Science and Technology, at para 5.18, it has been mentioned that "It is provided that the teachers in the permanent whole time service of University shall retire on superannuation on completing the age of 65 years subject to the ascent of Chancellor." The petitioner also has not placed any document pertaining to the ascent accorded by the Chancellor.
45.Based on the above, the instant TA No. 161 of 2024 is Devendra Tripathi Devendra C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30' ITEM 01 37 TA 161 OF 2024 accordingly dismissed. No orders as to costs. Interim orders, if any, stand vacated. Connected MAs, if any, shall also stand disposed of.
46.There shall be no order as to costs.
47.Registry shall consign the file to the Record Room after due completion.
PRASANT KUMAR (JUSTICE RITU TAGORE)
Member(Admn.) Member(Judl.)
09-04-2026
DEVENDRA TRIPATHI
Devendra Tripathi
Devendra
C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi I am the author of this document 2026.04.10 10:31:56+05'30'