1 2025:CGHC:44139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2811 of 2021  Bhilai Education Trust Through Secretary, And Trustee Shri Surendra Gupta, S/o Late Shri B.M. Gupta, Aged About 65 Years, Having Its Registered Office At Street No. 5, Hospital Sector Bhilai Nagar, District Durg, Pin 490009 Chhattisgarh., District : Durg, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Additional Director Higher Education Directorate, Having Its Registered Office At Block C - 30, Second / Third Floor, Indravati Bhawan, Atal Nagar, Nava Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Secretary Department Of Finance, Government Of Chhattisgarh Having Its Office At Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Anmol Sharma, Advocate For State : Mr. Vedant Shadangi, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 29-08-2025 1) Facts of the present case are that the petitioner- Trust runs Bhilai Mahila Mahavidyalaya, a private institution which receives 100% Grant- Digitally signed by AJINKYA PANSARE Date: 2025.09.01 17:42:09 +0530 2 in-Aid from the State Government and is affiliated to Hemchand Yadav University, Durg. In the month of April, 2012, the Government of Chhattisgarh brought an amendment in The Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967, which came into effect from 1st April, 2012 whereby the age of superannuation of members of the teaching cadre of Government Colleges under the Higher Education Department, Government Engineering Colleges, Government Polytechnic Colleges and Government Dental Colleges has been raised to the age of 65 years. Pursuant to this amendment, the Deputy Secretary, Finance Department, State of Chhattisgarh, has issued Financial Directive No. 24/2012 on 28.04.2012 directing the State authorities to ensure the compliance of the said amendment by all Government Colleges, Private Colleges, and Privately owned Government Grant-in-Aid Colleges by amending their respective by- laws/ rules/ regulations. 2) Learned counsel for the petitioner submits that the members of the teaching cadre of the petitioner–institution are not entitled to receive the benefit of the said amendment inserted in the Adhiniyam, 1967, as the petitioner–institution is not run by the State Government. He further submits that the communication dated 01.09.2020 issued by the Additional Director, Higher Education Directorate, and the Financial Directive dated 28.04.2012 issued by the Deputy Secretary, Finance Department (C.G.) are creating compulsion on the private institutions and privately owned grant-in-aid institutions to comply with the said amendment inserted in the Adhiniyam, 1967. He prays to set aside the orders dated 01.09.2020 and 28.04.2012. 3 3) On the other hand, learned State counsel submits that the impugned orders dated 01.09.2020 and 28.04.2012 have been issued by the respondent authorities pursuant to the amendment inserted in the Adhiniyam, 1967, in the month of April, 2012, and directions have been issued to all private institutions and government grant-in-aid institutions to extend the benefit of the amendment to their teaching cadre. He further submits that Hemchand Yadav University, Durg, vide its resolution dated 21.11.2020, has increased the age of superannuation in private institutions as well as Government Grant-in-Aid institutions from 62 to 65 years. He contends that the petitioner has not challenged the amendment made in the Adhiniyam, 1967, in this petition; thus, this petition deserves to be dismissed. 4) Heard learned counsel for the parties and perused the documents placed on the record. 5) Admittedly, pursuant to a decision taken by the State Government, an amendment was inserted in the Adhiniyam, 1967, which came into effect from 1st April, 2012 whereby the age of superannuation of members of the teaching cadre working in the Government Colleges under the Higher Education Department, Government Engineering Colleges, Government Polytechnic Colleges and Government Dental Colleges was raised to the age of 65 years and directions were issued to the private institutions as well as the privately owned government Grant-in-Aid institutions to modify their respective by-laws/rules/regulations and extend the benefit of amendment to the teaching cadre of their institutions. 4 6) In the opinion of this Court, the petitioner, being a 100% government Grant-in-Aid institution, is under an obligation to comply with the directive issued in the impugned orders dated 01.09.2020 and 28.04.2012. Further, in this petition, the petitioner has not challenged the amendment inserted in the Adhiniyam, 1967; therefore, no case is made out for interference. 7) Consequently, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya