In either event Batten maintains that the existence and success of other retirement systems proves that mandatory retirement policies are not essential to the effective operation of an organization and maintenance of a qualified staff. The affiants are agreed that the administrators of the personnel at Penn State should not shirk their responsibilities and sacrifice the individual rights of the employees simply to ease their administrative duties.
Again, neither the wisdom of adopting a mandatory retirement policy nor the availability of better alternatives is relevant to our inquiry today. Provided that Penn State's policy is rationally related to the stated objective of maintaining the excellence of the faculty and staff, it is immaterial that some individual differences may be sacrificed or ignored, or that more accommodating alternatives may be overlooked. It is sufficient that the mandatory retirement policy serves to make future personnel needs somewhat predictable, creates employment and promotion opportunities for younger employees, helps to allocate personnel to areas of need, and presents a recognized policy of retirement which treats each employee impartially and which affords him sufficient notice to enable him to prepare for retirement. The fact that the policy may in certain instances result in seemingly harsh decisions, oblivious to individual capabilities, needs and demands, does not alter the fact that all employees are treated equally and fairly. Where a decision pursuant to the mandatory retirement policy would in effect undermine the very objectives for which the policy was instituted, the policy further provides that one-year extensions of employment may be granted for up to five years for the purpose of maintaining the effective and efficient operation of a Penn State program. Plaintiff in this case did receive one extension and based on the record before us there is no reason to believe the refusal to further extend his employment was based on constitutionally impermissible grounds or was otherwise arbitrary and capricious. See n. 2, supra.3
While the mandatory retirement policy adopted by Penn State may not be the wisest, best and most beneficent scheme for achieving a high quality of excellence in its faculty and staff, that is not to say that the policy does not rationally further this objective which has been advanced by defendants. To show that the policy has its disadvantages and may even be undesirable in the face of reasonable alternatives is not to raise a genuine issue as to whether the policy does help to maintain the quality of the faculty and staff at Penn State in various enumerated ways. When subject to the test of rationality, a state "does not violate the Equal Protection Clause merely because the classifications made by its laws are imperfect." Dandridge v. Williams, 397 U.S. 471, 485, 90 S. Ct. 1153, 1161, 25 L. Ed. 2d 491, 501-502 (1970); Massachusetts Bd. of Retirement v. Murgia, supra, 427 U.S. at 314-317, 96 S. Ct. at 2567-2568, 49 L. Ed. 2d at 526-527. We decide only that the mandatory retirement policy adopted by Penn State does not deny plaintiff equal protection of the law within the meaning of the Fourteenth Amendment and § 1983.
For these reasons, and for the reasoning set forth in Rubino v. Ghezzi, 512 F.2d 431 (2d Cir. 1975), we also conclude that the claims brought in this court concerning the constitutionality of Penn State's mandatory retirement policy do not raise a substantial federal question within our jurisdiction under 28 U.S.C. § 1331. Accordingly, defendants' motion for summary judgment will be granted.
An appropriate order will be entered.