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Supreme Court of India 2019-05-07 allowed

R.S. Sohane (Dr.) vs State of Madhya Pradesh and Ors

Bench: 2 — L. Nageswara Rao

In Brief

Dr. R.S. Sohane and other teachers in aided private colleges in Madhya Pradesh challenged their forced retirement at age 62, claiming entitlement to continue until age 65 like government college teachers. The State High Court rejected this claim, holding that the 2004 amendment to Statute No.28 was merely a non-binding recommendation. The Supreme Court held that the Coordination Committee under the State University Act has power to amend Statutes on its own motion without Executive Council approval. The 2004 amendment—fixing superannuation at 65 years for all college teachers regardless of grant status—was a valid, binding resolution. The Court directed the State Government to pay salaries for teachers in aided private colleges until they reach age 65, establishing parity with government college teachers.

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