O R D E R
Per: Mr. Braj Mohan Agrawal, Administrative Member
The applicant was working as a Professor in Mechanical Engineering in the Indian Naval Academy at Ezhimala, Kannur District, under the Southern Naval Command. In this application the grievance of the applicant relates to refusal on the part of the respondents to increase the age of retirement of the applicant to 65 years as mandatorily provided for under the All India Council for Technical Education (AICTE) Regulations, 2019. The applicant submits that going by the AICTE Regulations 2019 which is statutory in character, and having the force of
3
law, it is incumbent upon the respondents to enhance the age of superannuation of the teaching faculty of the Indian Naval Academy including the applicant from 60 to 65 years with all the consequential benefits arising therefrom.
2. The applicant submits that the Indian Naval Academy, is a technical institution running technical educational programme, with the approval of the AICTE. The Engineering Courses of the Indian Naval Academy is also approved by the AICTE and the Indian Naval Academy is affiliated to the Jawahar Lal Nehru University, New Delhi. The applicant was selected as an Associate Professor and appointed in the Indian Naval Academy on 08.10.2010. The applicant was later promoted as a Professor w.e.f. 26.06.2019. The applicant submits that the pay scales, service conditions and minimum qualification for appointment of Teachers and other academic staff in Technical Institutions are governed by the regulations issued by the All India Council for Technical Education in exercise of its powers under sub section 1 of Sec.23 read with Sec.10(g), (h) and (I) of All India Council for Technical Education Act, 1987 and after approval of the Government of India. AICTE Regulations 2019, clause 1.2 (Annexure-A3) reads as follows:
"1.2 Categories of Institutions to whom the regulations apply These shall apply to all degree level technical institutions and universities including deemed to be universities imparting technical education and such other courses/programs approved by AICTE
4
and areas as notified by the council from time to time. " AICTE Regulations 2019, clause 2.12 (Annexure-A3) reads as follows:
"2.12 Age of Superannuation The age of superannuation of all faculty members and Principals/Directors of institutions shall be 65 years. An extension of 5 years (till the attainment of 70 years of age) may be given to those faculty members who are physically fit, have written technical books, published papers and has average 360 % feedback of more than 8 out of 10 indicating them being active during last 3 preceding years of service."
Pursuant to the publication of the Regulations 2019, the age of superannuation as contained in paragraph 2.12 was uniformly enhanced in all the technical colleges and institutions affiliated to the AICTE. Such enchancement was also given in other sister organisations, like the Defense Institute of Advanced Technology (Deemed University).
3. Applicant has produced judgements of Hon'ble High Court of Madras, Hon'ble Supreme Court, Hon'ble High Court of Punjab and Haryana and Hon'ble High Court of Karnataka in support of his arguments for extending the age of superannuation to 65 years of the faculty working in Technical Institutions, vide Annexures-A4 to A-8.
5
4. He has also contended that age of superannuation has been enhanced to 65/70 years in NITs and IITs as provided in AICTE. However, identical action for enchancement of age of superannuation of the faculty members in the Indian Naval Academy was not carried out by the respondents (Annexures-A11 and A-
10). Aggrieved by above, the applicant has filed the original application and sought the following reliefs:-
(i) Call for the records leading to the issue of Annexures A1 and A10 and quash the same
(ii) Declare that the respondents are liable to enhance the age of superannuation of teaching faculty, including the applicant, of the Indian Naval Academy affiliated to AICTE from 60 years to 65 years with all consequential benefits arising therefrom
(iii) Direct the respondents to enhance the age of superannuation of the applicant and allow the applicant to continue in service till he attains the age of 65 years and to grant all consequential benefits as provided for under AICTE Regulations
5. The Respondents 1 to 5 and 8 filed reply statement and contend that the terms and conditions of service of the faculty members serving in the Indian Naval Academy are governed by the rules and administrative instructions issued by the Government of India and Ministry of Defence and not by AICTE. The age of superannuation for such personnel continues to be 60 years, unless specifically
6
revised by a competent authority through a Government of India order applicable to Defence establishments.
The applicant's reliance on the statutory character of AICTE Regulations is misplaced. Their applicability to Defence training establishments requires specific adoption by the competent Ministry, which has not been done in this case. The Indian Naval Academy is a defence training establishment under the Ministry of Defence, not under the Ministry of Education. Service conditions of faculty and staff are governed by Defence Ministry orders, not by AICTE. Therefore, AICTE Regulations do not automatically apply to INA or bind the Ministry of Defence unless the later has expressly adopted or implemented those regulations. Indian Naval Academy is primarily a Defense Establishment under the Indian Navy, for training of Officer cadre. The primary aim of INA is not to offer graduation to aspirants but to train Technical Officers for Indian Navy.
6. The respondents further submit that the applicant is primarily a Central Government employee and hence Central Civil Service Rules are applicable to him not the Regulations of AICTE. Rule 56(a) Fundamental Rules states that:-
"Except as otherwise provided in this rule, every Government servant shall retire from service on the afternoon of last working day of the month in which he attains the age of sixty years"
7
A close examination of the judicial pronouncements produced as Annexure-A4 to A8 would reveal that the applicants therein were Teaching Faculties of various Universities, Colleges etc. affiliated to AICTE, but none of them were Central Government Employees. In fact, the question whether Central Government Employee can continue in service beyond the age of 60 years was neither raised in any of these litigations nor considered by any of the Hon'ble Courts. Hence the applicant cannot claim himself covered under the ambit of judgements produced. The rules and regulations including that for appointment, promotions, service, leaves etc of Central Government employees and employees of such autonomous bodies are extremely different.
7. The respondents also contend that Defence Institute of Advanced Technology (DIAT) which has been portrayed as a sister organization of INA Ezhimala by the applicant, is actually a deemed University open for all, functioning with grants received from UGC and MoD whereas institute under MoD(i.e. INA) is not open for admission to the general public and its CAOs are civil defence employees paid from Defense Service Estimates. The salary of the applicant is paid from Defense Estimates, whereas the salary of Faculties of such
8
Technical Institutions are paid from the individual funds of Institutions. INA Ezhimala, a Defence establishment under Indian Navy cannot be equated with any Deemed University or Technical Institution solely on the ground that both follow AICTE Regulations. Hence the applicant cannot be considered at par with the Professors of DIAT or any other deemed universities or Engineering Institutes. The applicant is primarily a Central Government servant and governed by the Central Civil Service Rules. Superannuation age of every Central Government Employee is mandated as 60 years in accordance with the Fundamental Rules and the same cannot be exempted to the applicant.
8. The 6thRespondent (AICTE) filed a counsel statement stating that the Hon'ble Punjab and Haryana High Court while dealing with matter concerning age of superannuation by Judgement dated 22.12.2022 in CWP No.17643 of 2003 directed the AICTE and the UGC to include a separate and specific clause in their Regulations, making service conditions like superannuation optional for the State Government qua the service conditions of the employees working in the State established, State controlled or State financed Universities/Colleges or Autonomous Institutions, and the same shall not be applicable unless specifically
9
adopted by the State concerned.
9. In compliance with the above Judgment, AICTE had taken steps to amend the existing AICTE (Pay Scales, Service Conditions & Minimum Qualifications for the Appointment of Teachers and other Academic Staff such as Library, Physical Education and Training and Placement Personnel in Technical Institutions and Measures for the Maintenance of Standards in Technical Institutions) Degree Regulations, 2019 by incorporating and inserting " The age of superannuation of all faculty members and Principals/Directors of Colleges/ Institutions/ Universities owned/ aided by the State Government shall be policy matter of the respective State Governments" below the clause 2.12.
10. It is further submitted by the 6threspondent that on 28 November 2023, 162nd Executive Committee meeting of AICTE had approved the amendment to the Regulations regarding the age of superannuation making the provision optional for the State Government. The process of publication of Amendment in the Gazette of India is under process.
11. From the rival contentions, the issue for examination is applicability of
10
AICTE regulations 2019 to the applicant, who was a faculty Member in a Defence Training Institute.
(i) As per AICTE Act 1987, Chapter-1. Definitions clause 2(h) is reproduced below:-
"(h) "technical institution" means an institution, not being a University, which offers courses or programmes of technical education, and shall include such other institutions as the Central Government may, in consultation with the Council, by notification in the Official Gazette, declare as technical institutions" Evidently, Indian Naval Academy will not fall under the purview of AICTE Act and AICTE regulations 2019 regarding applicability of conditions of service, such as age of superannuation, unless Central Government declares as such.
(ii) Annexure-A4 to A-8 judgements of Hon'ble Supreme Court and Hon'ble High Courts have been delivered for the faculty Members working in Pondicherry Engineering College, Private aided educational institution in the State of Madhya Pradesh, Government College of Arts and Architecture, Chandigarh and Government aided educational institution in the State of Madhya Pradesh and Siddaganga Institute of Technology, Tumakuru respectively. We find that none of them is identically situated Central Government
11
employees as the applicant who was working in a defence training institute, under Ministry of Defence.
(iii) Parity of age of superannuation with the faculty Members of IITs, NITs is also misplaced as these Institutes are created under separate Acts of Parliament viz. Institute of Technology Act 1961 and NIT Act 2007 and their conditions of service are governed by these Acts, not by AICTE Act or AICTE Regulations.
12. The Indian Navy Academy (INA) at Ezhimala, Kerala was established and is maintained under the provisions of the Navy Act 1957. Key details regarding its legal establishment and operation are inferred as under:
Statutory Basis: The Navy Act, 1957, consolidates and amends the law relating to the government of the Indian Navy, providing the legal framework for training establishments.
Establishment & Training: Under this Act, the Central Government is empowered to raise and maintain naval forces, which includes providing training to officers and sailors.
Affiliation: The INA offers B.Tech programs recognized by Jawaharlal Nehru University (JNU) and approved by the All India Council for Technical Education (AICTE).
From the very nature of statutory status, INA is not comparable with other technology institutions falling under the purview of AICTE Regulations 2019.
12
13. We also note that conditions of service of the faculty of INA, in terms of their appointment, age-limit, leave rules, promotions, health insurance etc. are different from that of technical institutions falling within the ambit of AICTE Regulations 2019. Applicant is governed by Fundamental Rules framed under Article 309 of the Constitution, which will prevail over AICTE Regulations 2019, even if, they are claimed to be applicable by him
From the above, it is concluded that applicant is covered by Fundamental Rules and applicant's superannuation age is regulated under FR 56. OA is devoid of any merit and is dismissed. No costs.
(Dated the 19thFebruary, 2026)
(BRAJ MOHAN AGRAWAL) (JUSTICE K. HARIPAL)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
va
13
Annexures OA./180/0089/2025 Annexure A-1- A true copy of the Order bearing No.CP(G)/1774/PCO/Enhancement dated 26.06.2024 issued on behalf the third respondent.
Annexure A-2- A true copy of the relevant extracts of AICTE Regulations,
2010.
Annexure A-3- A true copy of the relevant pages of All India Council for Technical Education, Notification bearing No.61-1/RIFD/7th CPC/2016-17 dated 01.03.2019
Annexure A-4- True copy of the judgment of the Hon'ble High Court of Judicature at Madras in W.P.Nos. 17918 and 17929 of 2021 dated
12.04.2022.
Annexure A-5- True copy of the judgment in Civil Appeal Nos. 4675-4676 of 2019 dated 07.05.2019 rendered by the Hon'ble Apex Court.
Annexure A-6- True copy of the judgment in C.W.P.No.20447 of 2020 dated 01.03.2021 rendered by the Hon'ble High Court of Punjab and Haryana at Chandigarh.
Annexure A-7- True copy of the judgment of the Hon'ble Apex Court in Jacob Thudipara v. The State of Madhya Pradesh & others (AIR 2022 SC 2042) -MANU/SC/519/2022).
Annexure A-8- True copy of the judgment of the Hon'ble High Court of Karnataka in W.P.No.15421/2020 dated 24.05.2021.
Annexure A-9- A true copy of the representation dated 18.03.2024 addressed to the first respondent.
Annexure-A10- A true copy of Ministry of Defence I.D.Note No.03(04)/2021/D(Civ-II) dated 09.01.2025 along with its corrigendum dated 16.01.2025.
***