University Grants Commission Act, 1956 — Section 26 — Regulation — Composite scheme of sharing of enhanced pay structure

August 23rd, 2013

University Grants Commission Act, 1956 — Section 26 — Regulation — Composite scheme of sharing of enhanced pay structure — Condition precedent of enhancement of age for superannuation — Regulation of composite scheme provides sharing of 80% burden of enhanced pay structure by Central Government for a definite time subject to enhancement of age for superannuation of teachers and non-teaching staffs of equivalent cadre — Plea of State Governments that UGC cannot impose condition precedent of enhancement of superannuation of age of employees for bearing of 80% share by Central Government in revised pay structure — Held, the UGC is empowered to make regulations for the promotion and coordination of university education and also for standardization of teaching, examination and research — UGC is also empowered to make regulation for pay structure of centrally funded universities and institutions — Composite scheme in question is optional on discretion of states for implementation — Therefore, concern of State Governments are unfounded — However, if states wish to adopt the scheme, they will have to abide by the conditions as laid down by the Commission — Constitution of India — Article 309 — Service and Labour Law — Service conditions of employees of state universities.

HELD: That the Commission is empowered to frame Regulations under Section 26 of the UGC Act, 1956, for the promotion and coordination of university education and for the determination and maintenance of standards of teaching, examination and research, cannot be denied. The question that assumes importance is whether in the process of framing such Regulations, the Commission could alter the service conditions of the employees which were entirely under the control of the States in regard to State institutions. The authority of the Commission to frame Regulations with regard to the service conditions of teachers in the centrally-funded educational institutions is equally well established. As has been very rightly done in the instant case, the acceptance of the scheme in its composite form has been left to the discretion of the State Governments. The concern of the State Governments and their authorities that the UGC has no authority to impose any conditions with regard to its educational institutions is clearly unfounded.

(Para 57).

It is only natural that if they wish to adopt the Regulations framed by the Commission under Section 26 of the UGC Act, 1956, the States will have to abide by the conditions as laid down by the Commission.

(Para 59)

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.]

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