H. N. Yoga Rajan v. Government Tool Room and Training Centre
2009-03-22
S.ABDUL NAZEER
body2009
DigiLaw.ai
Judgment :- Abdul Nazeer, J. The petitioner has been working as a General Manager (HRM) with the Government Tool Room & Training Centre (for short `GTTC'), Rajajinagar Industrial Area, Bangalore, with effect from 1.4.2002. Though the GTTC is a society registered under the Karnataka Societies Registration Act. it is wholly sponsored, controlled and owned by the Government of Karnataka. It is a wing of the Department of Commerce & Industries of the Government of Karnataka. The Directors of the GTTC are nominated by the Government of Karnataka and the entire share capital of the GTTC is subscribed by the Government of Karnataka. Thus, the GTTC is an `alter ego' or an 'instrumentality of the State' and hence, it is an 'authority' as defined under Section 12 of the Constitution of India. 2. The age of superannuation in the GTTC is 58 years. The Government of Karnataka has enhanced the age of superannuation of Government Servants and employees of local bodies and aided educational institutions from 58 to 60 years w.e.f. 17.7.2008 as per the Government Order dated 28.7.2008. The GTTC issued a notice to the petitioner dated 1.12.2008 (Annexure 'C') informing him that he will be attaining the age of superannuation of 58 years on 2.12.2008 and that as per the CR and CCR Rules of the GTTC, an employee shall compulsorily retire from the services of the GTTC on the afternoon of the last day of the month he attains the age of 58 years and accordingly, he will be retiring from the service of the GTTC w.e.f. 31.12.2008. The petitioner submitted a representation (Annexture `D') to the Managing Director of the GTTC requesting him to extend the benefit of the Government order dated 28.7.2008 and continue him in service till he attains the age of 60 years. Since the said representation was not considered, the petitioner has filed this it petition for quashing of the notice at Annexure `C' dated 1.12.2008 and for a mandamus directing the respondents to continue him in the service till he attains the age of 60 years. 3. The first respondent has filed its objections contending that the GTTC is not a local body or an aided educational institution as specified in the Government Order dated 28.7.2008. It is further contended that petitioner is not governed by the Karnataka Civil Service Rules as the GTTC has its own Cadre and Recruitment Service Rules.
3. The first respondent has filed its objections contending that the GTTC is not a local body or an aided educational institution as specified in the Government Order dated 28.7.2008. It is further contended that petitioner is not governed by the Karnataka Civil Service Rules as the GTTC has its own Cadre and Recruitment Service Rules. Clause 21 of its Service Rules specify the age of retirement as 58 years. The Governing Council in its 102nd meeting held on 23.9.2008 has decided not to enhance the retirement age to 60 years and have retained the same at 58 years. Therefore. the petitioner cannot be continued in the service of the GTTC beyond 31.12.2008. 4. Learned Counsel for the petitioner would contend that one of the object of the GTTC was to undertake works of research and development of new tools, materials and techniques in the areas of metal working and tool making without motive of profit making. He has drawn my attention to the objects of the GTTC from its memorandum of association. The State Government is granting full aid. He has also drawn my attention to the recognition granted by the All India Council for Technical Education ('AICTE' for short) (Annexure `L') as also the order of affiliation granted by the Vishveswariah Technological University ('VTU' for short) dated 3.6.2008 (Annexure `M'). Thus, the GTTC is an aided educational institution. Therefore, the Government Order dated 28.7.2008 should be extended to the employees of GTTC. 5. Learned Senior Counsel appearing for the first respondent does not dispute the receipt of aid by the GTTC from the State Government. However. he submits that GTTC is not an educational institution as defined under the Karnataka Education Act, 1983 (for short 'Education Act'). He has drawn my attention to the definition of 'educational institution' in the Education Act as also the other provisions requiring registration of an educational institution under the said Act. He concludes by saying that since the GTTC does not come within the purview of the Education Act, it cannot be treated as an educational institution. Therefore, petitioner is not entitled to continue in the service of the GTTC beyond 31.12.2008. 6. In the light of the arguments of the learned Counsel made at the Bar, the only question to be considered in this writ petition is whether GTTC is an educational institution? 7. In Ramanatha Aiyar's Law Lexicon (2nd Edition).
Therefore, petitioner is not entitled to continue in the service of the GTTC beyond 31.12.2008. 6. In the light of the arguments of the learned Counsel made at the Bar, the only question to be considered in this writ petition is whether GTTC is an educational institution? 7. In Ramanatha Aiyar's Law Lexicon (2nd Edition). the meaning assigned to the word `education' is as under: "Education is the bringing up; the process of developing and training the powers and capabilities of human beings. In its broadest sense the word comprehends not merely the instruction received at school, or college but the whole course of training moral intellectual and physical; is not limited to the ordinary instruction of the child in the pursuits of literature. It also comprehends a proper attention to the moral and religious sentiments of the child. And it is sometimes used as synonymous with learning'." According to the New Lexicon Webster's Dictionary, 'education' means 'instruction or training by which people (generally young) learned to develop and use their mental, moral and physical powers''. According to the World Book Encyclopedia, education in its broadest sense refers to the ways in which people learn skills and gain knowledge and understanding about the world and about themselves. The ways of learning are generally divided into three types-formal. informal and non-formal. A Division Bench of this Court in B.K. Raghu Vs Karnataka Secondary Education Examination Board ILR 2009 KAR 206 has accepted the above meaning assigned to the word `education'. 8. The memorandum of association of the GTTC (Annexure ‘E’) provides for the objects for which it was established. Some of them are as under: "(iv) To undertake works of research and development of new tools, materials and techniques in the areas of metal working and tool making without motive of profit making; (v) xxxxxxxxxxxxxxx (vi) xxxxxxxxxxxxxxx (vii) xxxxxxxxxxxxxxx (viii) xxxxxxxxxxxxxxx (ix) xxxxxxxxxxxxxxx (x) To provide research facilities for carrying out basic and applied research in the concerned discipline such as tooling, production technology, advance manufacturing methods, etc., without motive of profit; (xi) xxxxxx vocx (xii) To award certificates as may be appropriate to those who successfully completed the training courses: (xiii) To institute and award fellowships, scholarships. prizes and medals in accordance with the Rules and Regulations; (xiv) To provide.
prizes and medals in accordance with the Rules and Regulations; (xiv) To provide. award, institute fellowships, scholarships, stipends, and other payments to students and scholars to facilitate their undertaking research and development work in the area of concerned interest to Society without motive or profit……" 9. It is clear that the GTTC was established mainly to undertake works of research and development of new tools materials and techniques in the areas of metal working and tool making without motive ofprofitmaking; to institute and award fellowships, scholarships, prizes and medals in accordance with the Rules and Regulations; to provide, award. institute certificates as may be appropriate to those who successfully completed the training courses; to institute and award fellowships and scholarships, stipends, and other payments to the students and scholars to facilitate their undertaking research and development work in the area of concerned interest to society without motive of profit, etc. 10. It is not in dispute that AICTE has granted recognition to the GTTC to conduct diploma course in Engineering and Technology, for the academic year 2008-2009 as per the order atAnnexure dated 26.5.2008. The courses approved by the AICTE are as under: FULL TIME COURSE(S) APPROVED INTAKE ENTRY LEVEL DURATIONS (YEARS) PERIOD OF APPROCAL Diploma in Tool and Die Making 75 10+ 4 2008-09 Diploma in Manufacturing 20 10+ 4 2008-09 Diploma in Mechatronics 20 10+ 4 2008-09 Total Annual Intake 115 11. The object of the AICTE Act is for ensuring the coordinated development of technical education in accordance with approved standards. The power and functions assigned to the AICTE inter alia provide laying down norms and standards for programmes and institutions, giving approval for setting up of technical institutions. prescribing guidelines for admission of students and charging of fees, and inspecting and evaluating institutions periodically with a view to maintaining standards and to provide recognition or without recognition programmes and institutions. `Technical education' has been defined in sub-Section (g) of Section 2 of the AICTE Act, which means programmes of education, research and training in engineering technology. architecture, town planning. management. pharmacy and applied arts and crafts and such other programme or areas as the Central Government may. in consultation with the Council, by Notification in the Official Gazette, declare.
`Technical education' has been defined in sub-Section (g) of Section 2 of the AICTE Act, which means programmes of education, research and training in engineering technology. architecture, town planning. management. pharmacy and applied arts and crafts and such other programme or areas as the Central Government may. in consultation with the Council, by Notification in the Official Gazette, declare. 'Technical institution' has been defined in sub-Section (h) of Section 2 of AICTE Act as 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 and official gazette declare as technical institutions. 12. It is an admitted fact that the VTU has granted affiliation to the GTTC as per the order dated 3.6.2008 (Annexure ' M') for M.Tech. in Tool Engineering for the academic year 2008-2009. The VTU has been established for the purpose of ensuring proper and systematic instruction, teaching. training and research in the development of Engineering, Technology and allied Sciences in the State of Karnataka and matters connected therein. Sub-Section (2) of Section 2 of the VTU Act defines `constituent: college', which means an institution maintained by the University as such and includes an institution admitted to the privileges of the University as an affiliated college of the university in accordance with the provisions of the Act. Section 40 of the VTU Act provides for affiliation of colleges to the University. 13. It is thus clear that education may be formal, informal and non--formal. The instructions given in schools and colleges are alone not education. Education is not limited to the ordinary instruction of the child in the pursuits of literature. The knowledge or skill obtained or developed by a learning process is also education. The GTTC is a 'technical institution' as defined under the provisions of AICTE Act, imparting technical education. That is why it has been approved by the AICTE for conducting diploma courses in Engineering and Technology and the VTU has granted its affiliation. "therefore. I am of the view that the GTTC is an educational institution imparting technical education. 14. There is no merit in the contention that since the GTTC has not been approved under the provisions of the Education Act, it cannot he an educational institution. The Education Act provides for general education. professional education, medical education. technical education.
"therefore. I am of the view that the GTTC is an educational institution imparting technical education. 14. There is no merit in the contention that since the GTTC has not been approved under the provisions of the Education Act, it cannot he an educational institution. The Education Act provides for general education. professional education, medical education. technical education. commerce education and special education at all levels in accordance with the provisions of the Education Act. Sub-Section (3)(iv)(d) and (d-a) of Section 1 states that it does not apply in the matters pertaining to the colleges and institutions dealt within the Karnataka State Universities Act and the AICTE Act. Therefore, merely because the GTTC does not come within the purview of the Education Act, it does not cease to be an educational institution. 15. From the discussions made above, it is clear that the GTTC is an aided educational institution conducting diploma courses in Engineering and Technology. The resultant position is that its employees are also entitled for the benefit of the Government Order at Annexure `B' dated 28.7.2008. 16. In the result, I pass the following: Order Writ petition succeeds and it is accordingly allowed. The order passed by the first respondent as per Annexure `C' dated 1.12.2008 is hereby quashed and the petitioner is permitted to continue in the service of the first respondent till he attains the age of 60 years. No costs.