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In pursuance of notice of motion, respondents have filed written statement averring that the petitioners have concealed from this Court the letter dated 18.03.2015 issued by the Department of Pharmaceuticals, Ministry of Chemicals and Fertilizers, Government of India, directing the Registrar, NIPER, Mohali to intimate the names of the faculty members working beyond 60 years of age. It is further averred that meeting under the Chairmanship of Secretary, Department of Pharmaceuticals, Ministry of Chemicals and Fertilizers, having the officers from the Department of Personnel & Training, Ministry of Finance and Ministry of Law & Justice etc. was held on 01.12.2015 and thereafter the impugned letter dated 02.03.2016 has been issued to relieve the officials who are serving beyond 60 years of age. It is further averred that petitioner Dr. A.K. Chakraborti is the Dean of NIPER, Mohali while other two petitioners are faculty members. No legal right of the petitioners is infringed. Section 27 of the Act deals with procedure for amendment to the Act and Statutes. Statute 9 of NIPER Statutes specifies the maximum age to hold the office of Director. Originally, maximum age to hold the office of Director was 65 years but later on it was abolished. Statute 14 of the NIPER Statutes provides maximum age for Dean as 62 years. There is no provision in the Act and the Statutes specifying the age limit of the faculty and the employees. Board of Governors of NIPER has no power to increase 4 of 18 the retirement age of the teaching faculty. NIPER is an institution fully funded by the Government of India. Change in age of retirement causes serious financial implications on the Government of India. The continuation of petitioners beyond 60 years of age by the NIPER would not only violate the Act and the Statutes but also cause loss to the public exchequer. It is admitted that Dean can continue upto the age of 62 years.

Replication to written statement, denying the preliminary objections as well as on merit, has been filed. It is averred that it is the Board of Governors which is competent authority to decide the conditions of service of various employees.

I have heard learned counsel for the parties and perused the record.

Learned counsel for the petitioners vehemently contended that Board of Governors of the NIPER is a competent authority to determine the service conditions of the employees of NIPER. Board of Governors has taken a conscious decision dated 23.03.2013 (Annexure P-4) to enhance the age of superannuation of the teaching staff/faculty from 62 years to 65 years, as a result of which petitioners have been continuing as such. The Government has no jurisdiction to change the decision of Board of Governors so the impugned letter dated 02.03.2016 (Annexure P-5) in CWP No.4626 of 2016 and Annexure P-7 in CWP No.4627 of 2016) is without jurisdiction and not sustainable in the eyes of law. Learned counsel for the petitioners further contended that resolution of Board of Governors is still subsisting so petitioners cannot be relieved from service. Under Section 4 of the Act, NIPER has been constituted as a body corporate by the name 5 of 18 aforesaid. NIPER has perpetual succession and a common seal with power, subject to the provisions of the Act to acquire, hold and dispose of property and to contract and by that name sue and be sued. In Sub-section (3) of Section 4 of the Act reference has been made to the constitution of Board of Governors of NIPER.

The learned senior counsel further contended that it is mentioned in Section 5 of the Act that all the properties which had vested in the Society, immediately before the commencement of the Act, shall, on and from such commencement vest in the Institute i.e. NIPER.

Under Section 11 of the Act, President of India shall be the Visitor of NIPER. The Visitor may appoint one or more persons to review the work and progress of NIPER and to hold inquiries into the affairs thereof and to report thereon in the manner as Visitor may direct. Under Section 12 of the Act, authorities of NIPER have been defined, specifically the Senate.

NIPER is an institute of national importance and is governed by the Act. Under Section 2 of the Act, NIPER has been declared as an institute of national importance. Under Section 4 of the Act the Institute (NIPER) shall be a body corporate having perpetual succession and common seal consisting of a Chairperson, Director and other members of the Board. Section 8 deals with the powers of the Board and the Board shall exercise all powers provided by the Act, the Statutes and the Ordinances and shall have the power to review the acts of the Senate. Under Sub- section (2)(d) of Section 8 of the Act Board shall appoint persons to the academic as well as to other posts in the Institute. Section 11 states that President of India shall be the Visitor of the Institute. Section 12 of the Act 14 of 18 refers to the authorities of the NIPER i.e. the Senate and other authorities which may be declared by the Statutes. Section 13 of the Act declares that Senate of the NIPER shall consist of Director, Dean, five professors of the Institute to be nominated by the Chairperson in consultation with the Director by rotation and other persons mentioned in the Section. Under Section 16 of the Act, Director of the NIPER shall be appointed by the Board with the prior approval of the Visitor. Under Section 17 of the Act, Dean of the NIPER shall be appointed on such terms and conditions as may be laid down by the Statutes. Section 25 of the Act specifically states that all appointments of the staff of the NIPER except the Director shall be made in accordance with the procedure laid down in the Statutes by the Board in case the appointment is made on academic staff in the post of Assistant Professor or above or in case of non-academic staff in any cadre maximum pay scale for which is the same or higher than that of Assistant Professor and by the Director in any other case. Section 26(c) of the Act states that Statutes may provide for classification, method of appointment and determination of the terms and conditions of the service of officers, teachers and other staff of the NIPER. Section 27(1) of the Act states that First Statutes of the NIPER to be framed by the Board with the prior approval of the Visitor. The Board may from time to time make new or additional Statutes or may amend or repeal the Statutes in the manner mentioned in the Section.