Dr.Prasanth.M.N vs Cochin University Of Science And ...
2021 Latest Caselaw 1967 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                        WP(C).No.95 OF 2020(J)


PETITIONER:

               DR.PRASANTH.M.N.,
               AGED 31 YEARS,
               S/O.NARAYANAN, MOOLEKUZHI HOUSE,
               NORTH MAZHUVANNOOR.P.O, ERNAKULAM-686689.

               BY ADVS.
               SRI.DEEPU THANKAN
               SMT.UMMUL FIDA
               SMT.LAKSHMI SREEDHAR

RESPONDENTS:

      1        COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (CUSAT)
               COCHIN UNIVERSITY P.O, ERNAKULAM,
               KOCHI-682022, REPRESENTED BY ITS REGISTRAR.

      2        ALL INDIAN COUNCIL FOR TECHNICAL EDUCATION(AICTE),
               NELSON MANDELA MARG,VASANT KUNJ,
               NEW DELHI-110067, REPRESENTED BY ITS CHAIRPERSON.

               R1 BY SRI.S.P.ARAVINDAKSHAN PILLAI, SC, COCHIN
               UNIVERSITY OF SCIENCE AND TECHNOLOGY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.95 OF 2020                 -2-




                                 JUDGMENT

Dated this the 19th day of January 2021

Petitioner is a Ph.D holder in Electronics Engineering

and M.Sc in Electronic Science with 1 st class from the

Cochin University of Science and Technology. Through the

instant writ petition the petitioner lays challenge to Ext.P5

notification being violative of notification Ext.P7 with a

further prayer of mandamus directing the first respondent

to issue fresh notification in compliance with Ext.P7

notification.

2. In support of the aforementioned prayer, it is

averred that the Registrar of 1 st respondent vide

notification Ext.P5 dated 22.10.2019 invited application

for appointment to the post of Assistant Professor in the

subject of Under water Transducer System/Underwater

Instrumentation/Signal Processing having minimum

qualifications B.E./B.Tech/B.S. and M.E./M.Tech/M.S. or

Integrated M.Tech in Electronics & Allied Areas with first

class or equivalent in any one of the degrees. Since the

petitioner had already cleared the PhD in the year 2015,

applied for the aforementioned post, application was to be

submitted on or before 09.12.2019.

3. Learned counsel appearing on behalf of the

petitioner submits that the All India Council for Technical

Education (hereinafter referred to as 'AICTE' for short),

vide notification dated 01.03.2019, prescribed the

minimum qualification for direct recruitment as an

Assistant Professor in Engineering/Technology, which is

same as referred to in Ext.P5. Attention of this Court has

been drawn to notification Ext.P6 of AICTE. Department

of Electronics of 1st respondent University comes under

the faculty of technology. Petitioner since had B.Sc. in

Electronics and M.Sc. in Electronic Science much less

PhD in Electronics Engineering, therefore, had sufficient

qualification in the field of Electronics and was eligible for

the aforementioned post, but was not considered. The

respondents have not taken into consideration the

notification promulgated by AICTE dated 09.06.2016

whereby the persons having M.Sc. Degree have also been

held to be eligible thus such said action of the respondent

is wholly illegal.

4. On the other hand, Mr.S.P.Aravindakshan Pillai,

learned Standing Counsel appearing on behalf of the

respondent University submitted that the qualification of

the petitioner has already been pondered by this Court in

Writ petition (C) No.7688 of 2018, Annexure R1(a)

whereby it has been held that Ph.D. degree awarded by

the University of Technology would not be sufficient for

the post of Assistant Professor (Electronics &

Communication) and thus petitioner was held ineligible.

Petitioner is holder of the same degree and therefore the

clarification stated in Ext.P7 notification would not come

to the rescue of the petitioner as the aforementioned

notification Ext.P7 makes the persons eligible who are

already in admission with an M.Sc. Degree. The case as

sought to be projected by the petitioner is totally distorted

and cannot be accepted, thus, prayed for dismissal of the

writ petition.

5. I have heard learned counsel for the parties,

appraised the paper books and of the view that there is no

force or merit.

6. Concededly, the petitioner's qualification had

already been considered in-eligible in the judgment cited

supra whereby petitioner in the earlier round of selection

process had applied for the post of Assistant Professor

(Electronics & Communication) being the holder of the

Ph.D. degree in Electronics. The same set of qualification

is sought to be pressed in service for the purpose of

appointment to the post of Assistant Professor in terms of

the notification Ext.P5 by taking the aid of notification of

2016 Ext.P7; but such reliance on notification Ext.P7

would not help the petitioner as it only pertains to the

persons who have secured admission to the courses before

the publication of AICTE gazette dated 13.03.2013. For

the sake of brevity, relevant portion of the notification of

2016 reads as under:

Clarifications on certain issues/anomalies pertaining to qualifications, Pay Scales, Service Conditions, Career Advancement Scheme (CAS) etc. for Teachers and Other Academic Staff of Technical Institutions (Degree/Diploma) Clarifications on certain issues of teachers and equivalent positions are given below:

         Sl.               Issue                Clarifications given by
         No.                                    the Apex Committee on
                                                the         representation
                                                received subsequently in
                                                response to the AICTE
                                                notice dated 22.02.2016
         1     Whether a person with            Existing         incumbents
               under              mentioned     recruited as a faculty

qualifications is eligible for with the basic minimum CAS and/or for Appointment qualifications mentioned as a faculty in Degree and at S.No.1(a), (b) and (c) in Diploma level Technical the official Gazette Institutions. published on 6 January, th

(a) MCA/M.Sc in 2016, as well as those Mathematics/ Physics/ persons, who have Electronics/ Computer secured admissions to Science and allied subjects these courses before with M.E./M.Tech/Ph.D in publication of the AICTE Computer Gazette dated 13th March, Science/Information 2010 are to be considered Technology to teach in as eligible for CAS as well Computer Science, IT & as direct recruitment, Engg.Courses. subject to fulfillment of

(b)M.Sc.(Electronic Science) other eligibility criteria and M.E.(ET&T) and higher qualifications qualification. prescribed, if any, for

(c)Master of Science in various teaching posts.

               Information       Technology
               (M.Sc.IT) to teach in CSE
               program

Since the aforementioned notification applies to the

incumbents already in service and the same does not cover

the persons who are applicants for appointment. For the

reasons aforementioned, there is no merit in the writ

petition, accordingly, it is dismissed.

Sd/-

AMIT RAWAL

JUDGE vv

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BSC DEGREE CERTIFICATE ISSUED BY THE M.G.UNIVERSITY DATED 15/3/2007.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF MSC IN ELECTRONIC SCIENCE ISSUED BY THE RESPONDENT UNIVERSITY DATED 14/5/2008

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF PHD ISSUED BY THE CORK INSTITUTE OF TECHNOLOGY,IRELAND DATED 17/6/2014

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE FIRST RESPONDENT UNIVERSITY DATED 14/1/2016

EXHIBIT P5 TRUE COPY OF THE NOTIFICATION ISSUED BY THE FIRST RESPONDENT UNIVERSITY DATED 22/10/2019

EXHIBIT P6 TRUE COPY OF THE NOTIFICATION OF AICTE DATED 01/03/2019

EXHIBIT P7 TRUE COPY OF THE AICTE REGULATIONS F.NO.27/RIFD/PAY SCALE/01/2013-14 DATED 10TH JUNE 2016.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R1(A) TRUE COPY OF THE JUDGMENT DATED 02/04/2018 OF THIS HON'BLE COURT IN WP(C).NO.7688/2018.