TaxTMI 
TaxTMI 
2019 (5) TMI 1937
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....ittee constituted under the provisions of Statute No.28 (College Code 28) of the then Indore University (now Devi Ahilya Vishwavidyalay, Indore) to PMB, Gujarati College, Indore which is an affiliated College. The said College was receiving 100% grant-in-aid from the State Government. 2. On 02.09.1998, the Madhya Pradesh Shaskiya Sevak (Adhivarshiki Ayu) Second Amendment Act, 1998 amended the provisions of Madhya Pradesh Shaskiya Sevak (Adhivarshiki Ayu) Adhiniyam, 1967 enhancing the age of superannuation of the Government Teachers from 60 to 62 years. Teachers working in the private aided Colleges were also given the benefit of enhancement of the age of superannuation from 60 to 62 years. On 01.04.2003, the Standing Committee recommended to the University Coordination Committee that it would be appropriate to keep the age of superannuation of Principals, Teachers and employees of private Colleges at par with their counterparts in Government Colleges. The said recommendations of the Standing Committee were approved by the Coordination Committee in its 72^nd meeting held on 07.01.2004. 3. A scheme for revision of pay of Teachers and equivalent cadres in Universities and Colleg....
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....re appointed prior to the promulgation of the said amendment. Pursuant to a direction given by this Court in Contempt Petition (Civil) No.359 of 2014, the teaching staff in the private institutes in the State of Madhya Pradesh who were working on aided posts were given the UGC pay scales as per the recommendations of the 6th Central Pay Commission at par with the Government Teachers w.e.f. 01.01.2006. 6. Aggrieved by the order dated 06.07.2016 of the Management retiring the Appellant w.e.f. 31.08.2016 on completion of 62 years without being given the benefit of continuance till 65 years, the Appellant filed a Writ Petition in the High Court of Madhya Pradesh which was dismissed. The Petitioner filed a Writ Appeal questioning the judgment of the learned Single Judge. During the course of hearing, the Division Bench referred the following two questions for consideration by a Larger Bench of the High Court: I. Whether in view of the provisions of Statute No.28 of the College Code as amended and brought into force w.e.f. 07.01.2004 and whether in view of the provisions of the UGC Regulations, 2010, the Teachers working in the aided private institutes are also entitled to th....
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....ate Colleges was only a recommendation. He took us through the 1973 Adhiniyam to show that the Coordination Committee consists of the Chancellor, the Vice-Chancellor and the Rectors of the Universities and several Senior Officers of the Government. Referring to Section 34 of the 1973 Adhiniyam, the learned counsel submitted that the first Statutes and Ordinances were to be drawn up by the Coordination Committee. We were also shown Section 34 (4) of the 1973 Adhiniyam which deals with the powers and the functions of the Coordination Committee which includes the power to approve or reject the Statutes and Ordinances submitted by the Executive Council of the University. Apart from the other functions of the Coordination Committee, he placed reliance on Section 36 of the 1973 Adhiniyam to submit that the Coordination Committee can pass a Statute not only on the proposal of the Executive Council of the University but it can do so on its own motion. He further submitted that the recommendation of the Standing Committee on 01.04.2003 was to keep the age of superannuation of private Teachers and employees of private Colleges at par with their counterparts working in the Government Colleges....
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....e Council for reconsideration. The recommendations made by the Executive Council shall, thereafter, be considered by the Coordination Committee which has the power to either approve or reject them. The Statute shall become effective from the date specified by the Coordination Committee after its approval. 13. Statute No.28 which is the College Code governs the service conditions of teaching staff. 'College' is defined in Clause I of the College Code which includes a College receiving grant from the State Government or Madhya Pradesh Uchcha Shiksha Anudan Ayog and Non-Grantee College not receiving any aid. The College Code shall apply to all Colleges admitted to the privileges of the University except the Colleges maintained or managed by the State Government or a Municipal Corporation or the University. Clause 26 of the College Code provides that a permanent Teacher shall be entitled to be in the service of the College until he/she completes the age of 60 years. The decision of the Coordination Committee dated 07.01.2004 was implemented by an amendment of the Clause 26 of Statute No.28 (College Code) which is as under: "It was appropriate to maintain the age of superann....
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....s. It can do so on its own motion or on receiving a proposal from the Executive Council of a University. The procedure to be followed in case there is a proposal from the Executive Council of the University to frame Statutes is prescribed thereunder. A plain reading of Section 36 would make it clear that the views of the Executive Council have to be obtained by the Coordination Committee only in case the proposal has emanated from the Executive Council of a University for preparing a Statute. Such procedure is not applicable when the Coordination Committee prepares a Statute on its own motion. The High Court erroneously held that the amendment made to Statute 28 of the College Code was only a recommendation which was not accepted either by the Executive Council of the respective Universities or by the State Government. 16. Admittedly, the amendment to Statute 28 of the College Code on 07.01.2004 was not based on any proposal from the Executive Council of any University. It was made by the Coordination Committee on its own motion. The interpretation of Section 34 (4) of the 1973 Adhiniyam by the High Court that the Coordination Committee can only suggest modifications of the said....