Indian Kanoon - Search engine for Indian Law

16. The reliance placed by the applicants on the UGC Regulations and the Career Advancement Scheme is also insufficient to dislodge the impugned policy. The fact that promotions under CAS are based on API/PBAS and expert scrutiny does not inexorably lead to the conclusion that continuation beyond the age of superannuation must also follow automatically. A person may be perfectly eligible and suitable for promotion as Professor at one stage of service, and yet the employer may legitimately decide that continuance beyond normal retirement age should depend upon additional review of contemporary performance, institutional requirements, health and conduct. Promotion and post-superannuation continuance are conceptually different matters. One cannot be treated as conclusively governing the other. The argument that committee review amounts to a prohibited "second selection" is thus more rhetorical than legal.