Saturday, July 20, 2013

Retirement age, pay scale fixed by UGC not binding on state university: SC

 The Supreme Court has held that retirement age and pay scale fixed by University Grants Commission(UGC) for professors are not binding for universities run by the states. 

A bench headed by Chief Justice Altamas Kabir(since retired) held that there would be no automatic application of UGC recommendations for state universities and it is for a state government to take a decision. 

"There is no ambiguity that the final decision to enhance the age of superannuation of teachers within a particular state would be that of the state itself. The right of the Commission to frame regulations having the force of law is admitted. However, the state governments are also entitled to legislate with matters relating to education," it said. 

The court passed the judgement on a bunch of petitions filed by different states and teachers from different universities on the issue of implementation of UGC guidelines and whether certain regulations framed by it had a binding effect on educational institutions being run by different states and even under state enactments. 

"In our view, there can be no automatic application of the recommendations made by the Commission, without any conscious decision being taken by the state in this regard, on account of the financial implications and other consequences attached to such a decision," the apex court said. 

It, however, dismissed the state governments' plea that the UGC has no authority to impose any conditions with regard to its educational institutions.

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