DR. J. VIJAYAN & OTHERS versus THE STATE OF KERALA & OTHERS

Citation: [2022] 6 S.C.R. 1027 · Decided: 02-08-2022 · Supreme Court of India · Bench: INDIRA BANERJEE · Disposal: Dismissed
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Judgment (excerpt)

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DR. J. VIJAYAN & OTHERS
v.
THE STATE OF KERALA & OTHERS
(Civil Appeal No. 5037 of 2022)
AUGUST 02, 2022
[INDIRA BANERJEE AND J. K. MAHESHWARI, JJ.]
The University Grant Commission Act, 1956 – ss. 20, 26 –
University Grants Commission (Minimum Qualifications for
appointment of Teachers and Academic Staff in Universities and
Colleges and Other Measures for Maintenance of Standards in
Higher Education) Regulations, 2010 (UGC Regulations, 2020) –
Enhancement of retirement age – Adoption under UGC Regulations,
2020 – Liberty of the State to accept or follow the UGC Regulations
– The Ministry of Human Resource Development framed the UGC
Regulations, 2010 – The Government of Kerala adopted and
implemented the UGC Regulations, 2010 – However, the State
Government had not accepted the condition of enhancement of the
retirement age of the teachers – Aggrieved by the failure of the
State to enhance the retirement age of the appellants, the appellants
filed a writ petition in the High Court – The Single Bench of the
High Court dismissed the writ petition – The appeal was also
dismissed by the Division Bench of the High Court – On appeal,
held: Clause 6 of the order of the Government of Kerala, expressly
stated that where there were any inconsistencies between Government
order and UGC Regulations, the provisions of the Government order
would over-ride the provisions of the UGC Regulations to the extent
of such inconsistency – Later on, the UGC Regulations were also
modified by an order of Ministry, whereby the regulation enhancing
the age of superannuation to 65 years was treated as withdrawn –
The Supreme Court unequivocally held in Jagdish Prasad Sharma
that the State was not bound to accept or follow the UGC Regulations
– Hence, there are no grounds  to interfere with the concurrent
findings of the Division Bench and the Single Bench of the High
Court – Appeals dismissed – Constitution of India – Art. 309.
Jagdish Prasad Sharma & Others v. State of Bihar &
Others (2013) 8 SCC 633 : [2013] 11 SCR 696 – relied
on.
[2022] 6 S.C.R. 1027
1027
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SUPREME COURT REPORTS
[2022] 6 S.C.R.
P. Suseela & Ors. v. University Grants Commission &
Ors. (2015) 8 SCC 129 : [2015] 5 SCR 643 – referred
to.
Dr. Radha Krishnan Pillai v. State of Kerala & Others
(W.P.(C) No.29253 of 2012 decided by High Court of
Kerala) – referred to.
Case Law Reference
[2015] 5 SCR 643
referred to
Para 9
[2013] 11 SCR 696
relied on
Para 14
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5037
of 2022.
From the Judgment and Order dated 13.12.2017 of the High Court
of Kerala at Ernakulam in Writ Appeal No.734 of 2016.
Jaideep Gupta, Sr. Adv., Ms. Reshmi Rea Sinha, Shiv Sagar Tiwari,
Liju V. Stephen, Boby Augustine, Yogamaya M.G., G. Prakash,
Ms. Anindita Mitra, Ms. Priyanka Prakash, Ms. Beena Prakash, Manoj
R. Sinha, Aaditya, Rameshwar Prasad Goyal, Prashant Padmanabhan,
James P. Thomas, Roy Abraham, Ms. Reena Roy, Ms. Samitharani M.R.,
Akhil Abraham, Himinder Lal, Advs. for the appearing parties.
The Judgment of the Court was delivered by
INDIRA BANERJEE J.
1. Leave granted.
2. The University Grants Commission Act, 1956, hereinafter
referred to as “the UGC Act”, was enacted to make provisions for the
coordination and determination of standards in universities and for that
purpose to establish a University Grants Commission, hereinafter referred
to as “UGC”.
3. Section 20 of the UGC Act provides:
“20. Directions by the Central Government –
(1) In the discharge of its functions under this Act, the
Commission shall be guided by such directions on
questions of policy relating to national purposes as may
be given to it by the Central Government.
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(2) If any dispute arises between the Central Government
and the Commission as to whether a question is or is not a
question of policy relating to national purposes, the decision
of the Central Government shall be final.”
4. In exercise of the powers conferred under Clauses (e) and (g)
of sub- section (1) of Section 26 of the UGC Act 1956, the Ministry of
Human Resource Development of the Government of India framed the
University Grants Commission (Minimum Qualifications for Appointment
of Teachers and Academic Staff in Universities and Colleges and Other
Measures for the Maintenance of Standards in Higher Education)
Regulations, 2010, hereinafter referred to as the “UGC Regulations”.
5. Regulation 2.0.0 of the UGC Regulations is reproduced
hereinbelow :-
“2.0.0 PAY SCALES, P
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