Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1956 – ss. 20 26 The University Grant Commission Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | 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modified by an order of Ministry, whereby the regulation enhancing the age of superannuation to 65 years was treated as withdrawn – The Supreme Court unequivocally held in Jagdish Prasad Sharma that the State was not bound to accept or follow the UGC Regulations – Hence, there are no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. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2022 INSC 783 |
Petitioner | Dr. J. Vijayan & Others |
Respondent | The State Of Kerala & Others |
SCR | [2022] 6 S.C.R. 1027 |
Judgement Date | 2022-08-02 |
Case Number | 5037 |
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