Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Educational Institutions Service conditions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Education/Educational Institutions - Service conditions- A composite Scheme framed by University GrantsCommission in exercise of powers under Regulations framedunder University Grants Commission Act, 1956 - To revisethe pay of teachers and connected staff of the StateUniversities and educational institutions and to increase their age of superannuation from 62 to 65 - The States wererequired to accept the Scheme in composite form, but theacceptance thereof was left to the discretion of the States -States were unwilling to accept the Scheme in its compositeform - Giving rise to present litigations - Held: Education being List Ill subject of VII Schedule of the Constitution, Statesare at liberty to frame their own laws on this subject and thesame will have primacy if it does not encroach uponjurisdiction of Parliament - In absence of any such legislationby the Central Government under Entry 25 of List Ill, the Regulations framed by way of delegated legislation, has toyield to the jurisdiction of the State - The States, therefore,were not bound to accept or follow the regulations framed byUGC - But if they wish to adopt the Regulations, the Stateswill have to abide by the Conditions laid down by theG Commission - There can be no automatic application of therecommendations made by the Commission, without anyconscious decision being taken by the State in this regard -Constitution of India, 1950 - VII Schedule List Ill, Entry 25 -University Grants Commission Act, 1956. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2013 INSC 475 |
Petitioner | Jagdish Prasad Sharma Etc. Etc. |
Respondent | State Of Bihar & Ors. |
SCR | [2013] 11 S.C.R. 696 |
Judgement Date | 2013-07-17 |
Case Number | 5527-5543 |
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