Teachers in constituent colleges not entitled to same retirement age as university faculty, rules court.
In a significant ruling, the Jammu & Kashmir and Ladakh High Court dismissed the petition of Asmat Parveen, who challenged her retirement age, asserting that teachers in constituent colleges of a university cannot claim parity in the age of superannuation with university campus teachers unless explicitly provided for in the governing statutes. The court's decision highlights the permissible classification based on cadre and regulatory frameworks.
The case, titled Asmat Parveen v. Islamic University of Science and Technology, revolved around Parveen's challenge to her retirement at the age of 60 as an Associate Professor at Alamdar Memorial College of Nursing and Medical Technology, a constituent college of the Islamic University of Science and Technology (IUST). Parveen contended that she should retire at 62, similar to university teachers, based on the University Grants Commission Regulations and past practices.
However, the court maintained that the university's statutes clearly delineate the retirement age for teachers of constituent colleges at 60 years. The division bench, comprising Acting Chief Justice Sanjeev Kumar and Justice Mohd. Yousuf Wani, held that the classification between university faculty and constituent college faculty is valid and not discriminatory, as it is based on distinct regulatory frameworks and statutory provisions.
The court further clarified that any changes to retirement ages require explicit statutory amendments or approvals, which were absent in Parveen's case. Despite her argument citing the doctrine of legitimate expectation and precedents from other universities, the court found no statutory basis to support her claim.
This judgment reinforces the autonomy of universities to define distinct service conditions for different cadres within their statutory framework, emphasizing the necessity for explicit statutory provisions to alter such conditions.
Bottom Line :
Teachers in constituent colleges of a university cannot claim parity in superannuation age with university campus teachers unless explicitly provided for in the governing statutes.
Statutory provision(s): Articles 14, 16 of the Constitution of India; University Grants Commission Regulations; Indian Nursing Council Guidelines; IUST Act and Statutes.
