University Grants Commission Act, 1956 — Section 26 — Regulation –

August 23rd, 2013

University Grants Commission Act, 1956 — Section 26 — Regulation — Service condition of teaching and non-teaching staffs — Regulation was held not binding on State universities — Held, UGC regulations regarding service conditions of teaching and non-teaching employee of a university cannot alter any of the terms and conditions of the enactments by the States under Article 309 of the Constitution — Constitution of India — Article 309 — Schedule VII List I Entry 66 — Education — Service conditions of teaching staffs of higher education — Service and Labour Law — Service Conditions of employees of State universities.

HELD: There is no doubt that the Regulations framed by the UGC relate to Entry 66 List I of the Constitution in the Seventh Schedule to the Constitution, but it does not empower the Commission to alter any of the terms and conditions of the enactments by the States under Article 309 of the Constitution. Under Entry 25 of List III, the State is entitled to enact its own laws with regard to the service conditions of the teachers and other staff of the universities and colleges within the State and the same will have effect unless they are repugnant to any central legislation.

(Para 57)

Jagdish Prasad Sharma v. State of Bihar[Bench Strength 3], Civil Appeal Nos. 5527-5543/2013 [@ SLP (C) Nos. 18766-18782/2010](17/07/2013), 2013(9) SCALE 459 [Altamas Kabir, C.J.: Surinder Singh Nijjar, J.: J. Chelameswar, J.]

Entry Filed under: Legal Updates