age of superannuation of the teaching members of the central Universities, noting the fact that there is scarcity of such members in the market. That appears to be the specific reason given in the original decision of the Government dated 23rd March, 2007. The other reason was that the Central Government has decided to expand the capacity of such institutions for increasing access to higher education and for implementing the policy of reservations for the weaker sections without affecting the number of seats in the unreserved category available through general merit. Therefore, the basic reason for enhancement was to supplement the expanding horizon of the institutions by continuing existing teachers upto 65 years. If, In this background, one looks at Section 12(j) of the Act, it would appear that in terms thereof, the Commission is entitled to perform such other functions as may be deemed necessary by the Commission for advancing the c cause of higher education in India or as may be incidental or conducive to the discharge of the same. Apropos that, the 2010 Regulations have been made, in exercise of power conferred by Clauses (e) and (g) of Section 26(1) of the Act, and while doing so, applying the function of the Commission under Clause (j) of the Section 12 of the Act, the Commission has deemed it necessary to enhance the age of superannuation of teaching staff of the Universities for advancing the cause of higher education in India and, accordingly, has named the 2010 Regulations as "University Grants Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010", giving special emphasis to Clause (g) of Section 26(1) of the Act while incorporating age qualification under Clause (e) of Section 26(1) of the Act. In the event, for the maintenance of standards in higher education, the University Grants Commission has asked the Universities to do certain things, since establishment of the Commission has been on the basis of power exercised under Item 66 of the Union List of the Constitution of India, it goes without saying that the same is binding on the State Government. The State Government has no other option but to implement such direction contained in the regulation thus made by the Commission in exercise of its statutory powers.
