JUDGEMENT
N.N. Mathur, J. -
(1.) THE Instant petition was registered on the reporting that the University Teacher s i.e. Professors, Associate Professors, Assistant Professors and teachers in other categories in different Universities in the State of Rajasthan namely Rajasthan University, Jaipur, Jai Narayan Vyas University, Jodhpur, Sukhadia University, Udaipur, Rajasthan Agriculture University, Bikaner, Maharana Pratap University, Udaipur, who are entitle to pension and other retiral benefits on attaining age of superannuation, are likely to be in trouble because Pension Funds of the Universities are drastically squeezing. It is apprehended that very shortly the funds may go dry. The sword is hanging on thousands of distinguished teachers of the Universities.
(2.) HAVING noticed the above report, by order dt. 02.05.2005, we reminded the State of Rajasthan of its Constitutional obligation in the field of Higher Education. In response to the notice, the Principal Secretary, Finance and Planning, Government of Rajasthan filed a balance sheet showing the position of pension funds in 12 Universities as follows:
S.No. Name of Universities Balance 1. University of Raj., Jaipur 1536.00 2. University of Kota, Kota 0.03 3. Sanskriti University, Jaipur 1.86 4. MP Agri., University, Udaipur -0.59 5. MLS University, Udaipur 1125.18 6. Bikaner University, Bikaner 0.00 7. National Law University, Jodhpur 0.00 8. Ayurved University, Jodhpur 0.00 9. Rajasthan Agri., University, Bikaner -908.00 10. MDS University, Ajmer 112.71 11. JNV University, Jodhpur -2157.1 12. VMOU, Kota 34.21 TOTAL -255.71
The respondent State of Rajasthan took a plea to the effect that they have nothing to do with the pension funds of the Universities. Each of the University have their own autonomy. Thus, this Court made an observation in its order dt. 01.09.2006 as follows:
The State cannot be permitted to close its eyes in the name of University Autonomy . If the funds are not sufficient with the Universities, the State of Rajasthan owe obligation to pay the pension to the University s teachers.
(3.) HOWEVER , before giving specific directions, we considered it appropriate to obtain comments from the State Authorities. This Court also directed to constitute a Committee to examine the entire issue. Pursuant to the orders of this Court, the State of Rajasthan has issued a Notification dt. 31.08.2006, constituting a Committee to consider the situation of Pension funds of the Universities of the State of Rajasthan and make suggestions for the improvement of the Pension funds. The composition of the Committee is as follows:
1. Addl. Chief Secretary (Development) Chairman
2. Principal Secretary, Finance Deptt. or his nominee Member
3. Commissioner, College Education, Rajasthan, Jaipur Member
4. Sh. Jeevan Lal Mathur, Jodhpur (Educationist)Member;
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