Jharkhand High Court
Parashuram Pathak Son Of Late Sri ... vs The State Of Jharkhand on 3 January, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 409 of 2011
Parashuram Pathak son of late Sri Govind Nath Pathak resident of
25/2 University Colony, P.O. & P.S. Bariatu Dist. Ranchi
... ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Secretary, Human Resources Development Department,
Govt. of Jharkhand, Ranchi having its office at Project Building
P.O. and P.S. Dhurwa Dist. Ranchi
3. The Director, Higher Education, Human Resources Development
Department, Govt of Jharkhand, Ranchi having its office at
Project Building P.O. & P..S. Dhurwa Dist. Ranchi
4. The Ranchi University, through its Vice Chancellor having its
office at P.O.-GPO, P.S.-Kotwali & District-Ranchi
5. The Registrar, Ranchi University, having its office at P.O.-GPO,
P.S.-Kotwali & District-Ranchi ... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Yogendra Yadav, Advocate
For the University : Mr. Anoop Kumar Mehta, Advocate
For the State Mr. Manish Mishra, Advocate
Through Video Conferencing
3/03.01.2022
1. This writ petition has been filed for the following reliefs:-
(i) For issuance of writ in the nature of certiorari for
quashing of the letter dated 20.11.2010 to the limited
extent by which it has not adopted the age of
superannuation for lecturer as prescribed under the UGC
regulation although adopting other regulation of UGC.
(ii) For issuance of an appropriate writ/writs, order/orders,
direction/directions to hold and declare that in view of
the resolution of University Grants Commission dated
30.06.2010 and in terms of the Clause 8 (f) of the Central
Govt letter dated 30.12.2008(forming part of the
regulations) and in view of the guidelines of the Central
Govt dated 11.05.2010 the age of superannuation of the
teachers/teaching employees of the State University
within the State of Jharkhand stands enhanced to 65
years and also to hold and declare that the petitioner is
entitled to continue in services till he attains the age of 65
years.
(iii) To issue Appropriate directions upon the respondents to
suitably issue a notification/amendment to implement
the U.G.C. Regulations (on Minimum Qualification for
appointment of teachers and other academic staff in
universities and colleges and Measures for the
maintenance of standards in Highers Education),
Regulations 2010, and to suitably enhance the age of
superannuation of the University Teachers in the State of
Jharkhand keeping in line with the UGC resolution as 65
years."
2. Learned counsel for the petitioner Mr. Yogendra Yadav has
submitted that the matter relates to fixing the age of
superannuation of the university teachers, but on account of
subsequent decision passed by the Hon'ble Supreme Court
reported in (2013)8 SCC 633 (Jagdish Prasad Sharma and
others vs. State of Bihar and others) the present writ petition
has become infructuous.
3. Learned counsel appearing on behalf of the respondent
university has also referred to para-78 of the said judgment
and submits that no relief can be granted to the writ petitioner
in this writ petition as it has been held that the point regarding
age of retirement is to be decided by the state government.
4. Considering the submission made by the counsel for the
petitioner, present writ petition is dismissed as infructuous.
5. Pending I.A., if any, is dismissed as not pressed.
(Anubha Rawat Choudhary, J.)
Binit/
