Suppose Kerala state is not increasing the retirement age of college teachers then whether the state is eligible for grants from UGC?

Answer 1

In UGC 4th (1986) and 5th pay revision(1996), there was a suggestion to raise the retirement age. But all states got central assistance without raising the retirement age. In UGC 6th package also they are using the same sentence "should implement as a composite scheme". So I am sure Kerala will get financial assistance in this time also.

I have copies of UGC order 4th, 5th and 6th pay revisions. All these three orders contains the same sentences except the date and scale of pay!!!. Also only two states-Bihar and Madhyapradesh- implemented UGC package as a composite scheme. So the MHRD can never deny the demand of central assistance to the remaining 26 states.

The answer to this is quite misleading and wrong as far as the legal provisions are concerned. The centre can categorically make any law or directive or order pertaining to education, which is a common subject and then states must follow the centre.

If there is a matter in concurrent list and both centre and state make a law on that matter, the law made by Parliament shall prevail over the law made by the State Legislature and the latter will be valid only to the extent to which it is not repugnant to the former.

And ugc is not a directive agency it is a constitutionally made apelite body, framed by an act passed by Indian parliament. If it makes a decision, the centre is within rights to accept and intervene(even this is limited), but the states has to follow unless as ordered by ugc.

Anish Jacobs answer may be partially true, but he forgot to mention that in both the states he mentioned, it was the court that raised the pension age.

And if in kerala, pension age is not revised, its due to incompetence and gross negligence by the teaching community or may be as they do not want the rise. UGC had categorically stated and worries that their fear was for the upcoming students, the cream layers, who may chose conventional courses,being taught by incompetent staff. Its not an order to raise pension age, but to maintain the standards of education.

refer part XI of constitution

"251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by

the Legislatures of States.-Nothing in articles 249 and 250 shall restrict the power of the Legislature of a

State to make any law which under this Constitution it has power to make, but if any provision of a law made

by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has

under either of the said articles power to make, the law made by Parliament, whether passed before or after the

law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall

to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be

inoperative. "

also see seventh schedule of constitution,concurrent list, 25