Shamin S vs Union Of India
2021 Latest Caselaw 18511 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
   WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                       WP(C) NO. 25097 OF 2013
PETITIONERS:

    1     SHAMIN S
          ASSISTASNT PROFESSOR ,CSE,
          MALABAR COLLEGE OF ENGINEERING & TECHNOLOGY,
          DESAMANGALAM, PALLUR PO,
          THRISSUR
    2     ANSHAD.A.S
          ASSISTASNT PROFESSOR ,ECE,
          MALABAR COLLEGE OF ENGINEERING & TECHNOLOGY,
          DESAMANGALAM, PALLUR PO,
          THRISSUR
    3     SREERAJ
          ASSISTANT PROFESSOR,CSE,
          ROYAL COLLEGE OF ENGINEERING & TECHNOLOGY,
          CHIRAMANGADU PO, THRISSUR 680 604.
    4     ANISH M.JOSE
          ASSISTANT PROFESSOR,
          VISWAJYOTHI COLLEGE OF ENGINEERING,
          VAZHAKULAM PO, MUVATTUPUZHA,
          ERNAKULAM DISTRICT
    5     NIJIL RAJ.N
          ASSISTANT PROFESSOR,
          YOUDUS COLLEGE OF ENGINEERING & TECHNOLOGY,
          VADAKKEVILA PO, KOLLAM-10.

          BY ADV SRI.KALEESWARAM RAJ


RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY ITS SECRETARY,
          MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
          NEW DELHI 110 001.
    2     ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
          REPRESENTED BY ITS CHAIRMAN
          7TH FLOOR, CHANDRALOK BUILDING,
          JANAPATH, NEW DELHI 110 001.
    3     UNIVERSITY GRANTS COMMISSION
          REPRESENTED BY ITS CHAIRMAN,
          BAHADURSHA SAFAR MARG,
          NEW DELHI 110 002.
 WP(C) NO. 25097 OF 2013
                                  2

     4     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
           INFORMATION TECHNOLOGY, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM,695 004.

           BY ADVS.
           SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
           SRI.S.KRISHNAMURTHY,SC, AICTE
           SRI.JAYKAR K.S., SC, AICTE
           SAJITH KUMAR V.


           GP SRI JIMMY GEORGE , SRI P VIJAYAKUMAR ASGI


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.09.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 25097 OF 2013
                                        3


                                  JUDGMENT

The petitioners approached this court for the following

reliefs:

"(i) to issue a Writ of certiorari quashing Exhibits p3, P4 and P8 issued by the 2nd respondent finding that they are illegal;

(ii) to issue a Writ of mandamus directing the 2 nd respondent not to enforce Exhibits P3, P4 and P8;

In the alternative:-

(iii) to declare that all persons with M.Tech/ME degree, who completed M.Sc course prior to 22.1.2020 are entitled to be exempted from the purview of Exts.P3, P4 and P8 and that they will be governed by the position stated in Ext.P2;

(iv) to issue a writ of mandamus directing the 2 nd respondent to exempt all persons with M.Tech/ME degree, who completed M.Sc course prior to 22.1.2010 are entitled to be exempted from the purview of Exts.P3, P4 and P8 and that they will be governed by the position stated in Ext.P2;

v) declare that the petitioners and other similarly placed persons are entitled to be appointed as Teaching Faculty in Universities and Engineering Colleges as per Exhibits P2 andP5;

vi) to issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court deem fit on the facts and circumstances of the case."

2. Petitioners contend that the modification made in the

minimum qualification for the post of Assistant Professor in

Engineering/ Technology Programme vide impugned orders WP(C) NO. 25097 OF 2013

Exts.P3 and P4 is not in accordance with law. During the

pendency of this writ petition, AICTE vide notification dated

09.06.2016 declared that the incumbents recruited as faculty

with basic minimum qualifications ie., MCA/MSC/Master of

Science in Information Technology, published in the official

gazette on 06.01.2016, as well as those person who secured

admission to these courses before publication of the AICTE

gazette notification dated 13.03.2010, shall be considered to be

eligible for CAS as well as direct recruitment, subject to the

fulfillment of other eligibility criteria and higher qualification

prescribed, if any, for various teaching posts. In view of the

aforementioned notification, petitioners have no grievance as

they have been considered eligible for Career Advancement

Scheme as well as Direct Recruitment. Accordingly, the writ

petition is not pressed and ordered to be closed.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 25097 OF 2013

APPENDIX OF WP(C) 25097/2013

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF THE M.TECH DEGREE CERTIFICATE OF THE IST PETITIONER ISSUED BY ANNA UNIVERSITY, THIRUNELVELI, DATED 7/8/2010

EXHIBIT P2 COPY OF THE LETTER ISSUED BY ALL INDIA COUNCIL FOR TECHNICAL EDUCATION DATED 10/9/2003

EXHIBIT P3 COPY OF THE RELEVANT PAGES OF THE REGULATIONS ISSUED BY THE 2ND RESPONDEDNT DATED 22/1/2010

EXHIBIT P4 COPY OF THE RELEVANT PAGES OF THE HANDBOOK ISSUED BY THE 2ND RESPONDENT

EXHIBIT P5 COPY OF THE REGULATIONS OF UNIVERSITY GRANT COMMISSION, DATED 30/6/2010

EXHIBIT P6 COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER TO THE 2ND RESPONDENT, DATED 30/1/2012

EXHIBIT P7 COPY OF THE JUDGMENT DATED 14/3/2012 IN WPC NO.6071/2012

EXHIBIT P8 COPY OF THE LETTER DATED 4/6/2013

EXHIBIT P9 COPY OF THE REPLY DATED 21/6/2010

EXHIBIT P10 COPY OF RELEVANT PAGE OF THE NOTIFICATION ISSUED BY THE INDIAN INSTITUTE OF SCIENCE, BANGALORE

EXHIBIT P11 COPY OF THE RELEVANT PAGE OF THE NOTIFICATION GATE 2010 ISSUED BY THE MINISTRY OF HUMAN RESOURCES DEVELOPMENT

EXHIBIT P12 COPY OF THE NOTIFICATION ISSUED BY THE UNIVERSITY OF KERALA

EXHIBIT P13 COPY OF THE NOTIFICATION ISSUED BY CUSAT