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However, considering the fact that there was a huge delay in preferring the appeal, which has been condoned by this Court, the appellant shall not be entitled to any interest on the pyrrears for the period between 9-5-2017 till the filing of the present appeal.

20. By placing reliance on the aforesaid judgment, the Division Bench of this Court allowed various writ appeals of similarly placed professors in the matter of Balkrishan Rathi Vs. State of Madhya Pradesh and Others [(2021) SCC OnLine MP 3778]. The aforesaid order was challenged before 16 WA-2332-2024 the Apex Court by the State of M.P., vide order dated 08.04.2022, and the said SLP has been dismissed. In the case of R.S. Sohane v. State of M.P., [(2019) 16 SCC 796] , the Apex Court considered Statute No.28, which is a College Code that governs the service conditions of teaching staff. It says that the College Code shall apply to all the Colleges admitted to the privileges of the University.

21. Clause 26 of Statute No.28 (College Code) provides that a permanent teacher shall be entitled to be in the service of the College until he or she completes the age of 60 years. The decision of Coordination Committee dated 07.01.2004 was implemented by an amendment of Clause 26 of Statute No.28 that it was appropriate to maintain the age of superannuation of Principals, Teachers and employees of private College at par to the age of superannuation of Principals, Teachers and employees of government College and held that the Standing Committee and the Coordination Committee of the University is represented by the Senior Officers of the State Government and it is not for the State Government to contend that they will not extend the benefit of enhancement of the age of superannuation till 65 years to the Teachers working in the private aided institutes inspite of the provisions in the College Code.

13. Statute No.28 which is the College Code governs the service conditions of teaching staff. 'College' is defined in Clause I of the College Code which includes a College receiving grant from the State Government or Madhya Pradesh Uchcha Shiksha Anudan Ayog and Non-Grantee College not receiving any aid. The College Code shall apply to all Colleges admitted to the privileges of the University except the Colleges maintained or managed by the State Government or a Municipal Corporation or the University. Clause 26 of the College Code provides that a permanent Teacher shall be entitled to be in the service of the College until he/she completes the age of 60 years. The decision of the Coordination Committee dated 07.01.2004 was implemented by an amendment of the Clause 26 of Statute No.28 (College Code) which is as under:

18. We are not in agreement with the conclusion of the Full Bench of the High Court that the language of the Resolution dated 07.01.2004 is in the nature of a recommendation. It is clear from the facts narrated above that the matter pertaining to the age of superannuation of Teachers working in aided private Colleges was referred by the Coordination Committee to the Standing Committee. On the basis of the recommendations of the Standing Committee, the Coordination Committee passed a Resolution on 07.01.2004 which was given effect to by an amendment to Clause 26 of the College Code. The second point answered by the Full Bench is that the UGC Regulations are not applicable to the State Government per se but are to be adopted by the State Government. The High Court was of the opinion that the Government had 20 WA-2332-2024 accepted the payment of revised pay scales only in respect of the Teachers working in the Government Institutes. The Standing Committee and the Coordination Committee of the University is represented by the Senior Officers of the State Government and it is not for the State Government to contend that they will not extend the benefit of enhancement of the age of superannuation till 65 years to the Teachers working in the private aided institutes in spite of the provisions in the College Code.