Parity in superannuation for aided college teachers upheld, with statutory amendment recognised as valid and salary benefits preserved.

Section 36 of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 empowered the Coordination Committee to amend Statute No. 28 on its own motion, and consultation with the Executive Council was required only when the draft originated from that body. On that basis, the resolution dated 07.01.2004 enhancing the superannuation age was treated as a valid statutory exercise and not a mere recommendation. The Court further recognised that, after amendment of the College Code to maintain parity, teachers in aided private colleges could not be denied the same retirement age as government teachers. Teachers in aided private educational institutions were therefore entitled to continue until 65 years and receive salary for that period.

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Issues: (i) Whether the Coordination Committee under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 had the power to amend Statute No. 28 on its own motion and whether the resolution dated 07.01.2004 enhancing the age of superannuation of teachers in aided private colleges was effective; (ii) Whether teachers working in aided private educational institutions in Madhya Pradesh were entitled to the benefit of superannuation at 65 years and consequential salary payment on parity with government teachers.

Issue (i): Whether the Coordination Committee under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 had the power to amend Statute No. 28 on its own motion and whether the resolution dated 07.01.2004 enhancing the age of superannuation of teachers in aided private colleges was effective.

Analysis: Section 36 empowered the Coordination Committee to prepare, amend and repeal Statutes on its own motion as well as on a proposal from the Executive Council. The requirement of consulting the Executive Council applied only where the draft originated from that body. The amendment to Clause 26 of Statute No. 28 was not merely a proposal or recommendation but followed a resolution of the Coordination Committee on the basis of the Standing Committee's recommendation and was given effect through amendment of the College Code.

Conclusion: The resolution dated 07.01.2004 was a valid and effective exercise of statutory power, not an unenforced recommendation.

Issue (ii): Whether teachers working in aided private educational institutions in Madhya Pradesh were entitled to the benefit of superannuation at 65 years and consequential salary payment on parity with government teachers.

Analysis: Once the College Code was amended to maintain parity between teachers of private aided colleges and government colleges, the State could not deny the extended superannuation age to aided private teachers. The Court also noted that the UGC pay-scale regime and the enhanced superannuation norm had been extended in substance to similarly placed teaching staff, and the State's contrary stand was inconsistent with the statutory framework governing service conditions.

Conclusion: Teachers in aided private colleges were entitled to continue until 65 years and to receive salary for the period of such continuance.

Final Conclusion: The High Court's contrary view was set aside and the teachers in aided private colleges were held entitled to the enhanced age of superannuation with consequential salary benefits.

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