Jithin Prem. S vs The All India Council For Technical ...
2025 Latest Caselaw 5423 Ker

Kerala High Court

Jithin Prem. S vs The All India Council For Technical ... on 24 March, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                                        2025:KER:24739



               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

        MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947

                        WP(C) NO. 4701 OF 2025

PETITIONER:

    1       JITHIN PREM. S
            AGED 37 YEARS
            S/O. SAM. C.
            ASSISTANT PROFESSOR IN CIVIL ENGINEERING,
            DEPARTMENT OF CIVIL ENGINEERING,
            GOVERNMENT ENGINEERING COLLEGE BARTON HILL,
            THIRUVANANTHAPURAM - 695 035
            RESIDING AT TC15/1426, GRACE VILLA, NEAR AIR,
            VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014

    2       AJEESH. G
            AGED 36 YEARS
            S/O. GOPINATHAN PILLAI. S
            ASSISTANT PROFESSOR IN ELECTRICAL AND ELECTRONICS
            ENGINEERING, DEPARTMENT OF ELECTRICAL ENGINEERING,
            RAJIV GANDHI INSTITUTE OF TECHNOLOGY,
            GOVERNMENT ENGINEERING COLLEGE,
            KOTTAYAM - 686 501 RESIDING AT AJEESH BHAVAN,
            VILAKKUDY (PO), KUNNICODE, KOLLAM, PIN - 691508

    3       AKHIL DEVARAJ
            AGED 37 YEARS
            S/O. DEVARAJA PANICKER, ASSISTANT PROFESSOR IN
            MECHANICAL ENGINEERING, DEPARTMENT OF MECHANICAL
            ENGINEERING, GOVERNMENT ENGINEERING COLLEGE,
            THRISSUR - 680 009 RESIDING AT CHEMPAKASSERIL HOUSE,
            KUMARAKOM SOUTH P.O, KOTTAYAM, PIN - 686563


            BY ADV S.SUJIN
                                                2025:KER:24739
W.P.(C) No.4701/2025
                                :2:


RESPONDENTS:

    1      THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
           REPRESENTED BY ITS MEMBER SECRETARY.
           NELSON MANDELA MARG, VASAAN KUNJU,
           NEW DELHI, PIN - 110067

    2      THE SECRETARY,
           HIGHER EDUCATION DEPARTMENT,
           GOVERNMENT OF KERALA,
           THIRUVANANTHAPURAM, PIN - 695001

    3      THE DIRECTOR OF TECHNICAL EDUCATION
           OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION,
           THIRUVANANTHAPURAM, PIN - 695023

    4      PRINCIPAL,
           COLLEGE OF ENGINEERING AT THIRUVANANTHAPURAM,
           THIRUVANANTHAPURAM, PIN - 695016

    5      PRINCIPAL
           RAJIV GANDHI INSTITUTE OF TECHNOLOGY,
           KOTTAYAM, PIN - 686501


           BY ADV SAJITH KUMAR V.
           SMT. ANIMA M., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.03.2025, THE COURT ON 24.03.2025
DELIVERED THE FOLLOWING:
                                                                2025:KER:24739
W.P.(C) No.4701/2025
                                            :3:




                           N. NAGARESH, J.

          `````````````````````````````````````````````````````````````
                       W.P.(C) No.4701 of 2025

          `````````````````````````````````````````````````````````````
               Dated this the 24th day of March, 2025


                            JUDGMENT

~~~~~~~~~

The petitioners, who are working as

Assistant Professors in various Government Engineering

Colleges in Kerala, have filed this writ petition seeking to

direct the 2nd respondent to include the petitioners in the final

list of candidates, who are selected for grant of NOC for Pre-

PhD, which is annexed along with Ext.P5 order.

2. The petitioners state that the Government of

India launched Quality Improvement Program (QIP)

whereunder sponsored Teachers are eligible for admission to

Doctoral Degree Program. The petitioners applied for PhD for

the academic year 2024-2025 under the QIP. The petitioners

were included in the list of faculty members eligible to apply 2025:KER:24739

for PhD / Pre-PhD. The 1st petitioner opted the College of

Engineering, Thiruvananthapuram and petitioners 2 and 3

preferred Rajiv Gandhi Institute of Technology, Kottayam as

their first choice. The petitioners attended interview.

However, the name of the petitioners stood excluded in

Ext.P5 list.

3. The petitioners state that they were

excluded on the ground that the College of Engineering,

Thiruvananthapuram and Rajiv Gandhi Institute at Kottayam

opted by them are minor QIP Centres. The petitioners would

submit that there is no categorisation as major and minor

Centres as of now and therefore denial of NOC to do PhD to

the petitioners is unsustainable.

4. The 3rd respondent-Director of Technical

Education resisted the writ petition filing counter affidavit.

The 3rd respondent stated that under the QIP, the

Government of Kerala allow faculty members in Government

and Aided Engineering Colleges to pursue PhD Program at 2025:KER:24739

selected Institutions on deputation basis with full pay and

allowances. Selection is made by a Screening Committee.

As per Ext.R3(a) GO dated 10.02.2017, deputation under

QIP can be only to NITs in the country, College of

Engineering, Thiruvananthapuram and Government

Engineering College, Thrissur, subject to a condition that

faculty members working in a particular minor Centre shall

not be allowed to register in the same Centre.

5. As per Ext.R3(b) GO dated 17.11.2020, the

Government decided to depute Assistant Professors to minor

Centres only if those Assistant Professors are declined

admission to PhD Program by major Centres like IITs, IIScs

and NITs. The petitioners have not applied to any major

Centres for PhD Program. The petitioners have not been

discriminated, urged the 3rd respondent.

6. I have heard the learned counsel for the

petitioners, the learned Standing Counsel representing the 1 st

respondent and the learned Government Pleader appearing 2025:KER:24739

for respondents 2 to 5.

7. The 1st petitioner is working as Assistant

Professor in the Government Engineering College, Barton

Hill, Thiruvananthapuram. The 2nd petitioner is working as

Assistant Professor in the Government Engineering College,

Kottayam. The 3rd petitioner is working as Assistant

Professor in Government Engineering College, Thrissur. In

response to Notification for admission to PhD for the

academic year 2024-2025 under the QIP, the petitioners

submitted applications. The 1st petitioner opted for College of

Engineering, Thiruvananthapuram. The 2nd and 3rd

petitioners preferred Rajiv Gandhi Institute of Technology,

Kottayam, as their first choice. The petitioners' name stood

excluded.

8. The GO dated 10.02.2017 provides that the

deputation under QIP can be only to NITs in the country,

College of Engineering, Thiruvananthapuram and

Government Engineering College, Thrissur subject to the 2025:KER:24739

condition that faculty members working in a particular minor

Centre shall not be allowed to register in the same Centre.

Therefore, petitioners 1 and 3 cannot be permitted to undergo

QIP Program at Government Engineering College,

Thiruvananthapuram and Government Engineering College,

Thrissur as they are faculties in the said Colleges.

9. Ext.R3(b) Government Order dated

17.11.2020 states that it has been decided by the

Government to depute Assistnt Professors to minor Centres

like Government Engineering College, Thiruvananthapuram

and Thrissur, only if those Assistant Professors are declined

admission to PhD program by major Centres. The petitioners

have not applied to any major Centres for PhD program and

therefore there is no declining of admission, in order to make

them entitled to do PhD in Government Engineering College,

Thiruvananthapuram or Thrissur.

In the circumstances, I do not find any

reason to hold that the petitioners have been discriminated in 2025:KER:24739

the matter of granting NOC for doing PhD program. The writ

petition therefore fails and it is dismissed.

Sd/-

N. NAGARESH, JUDGE aks/18.03.2025 2025:KER:24739

APPENDIX OF WP(C) 4701/2025

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE CIRCULAR DATED 18/06/2024 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE RELEVANT PAGES OF THE LIST OF FACULTY MEMBERS WHO APPLIED FOR NOC

Exhibit P2 TRUE COPY OF THE OFFER LETTER ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER DATED 04/10/2024

Exhibit P3 TRUE COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER DATED 30/09/2024

Exhibit P4 TRUE COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE 3RD PETITIONER DATED 30/09/2024

Exhibit P5 TRUE COPY OF THE ORDER DATED 20/11/2024 ISSUED BY THE 3RD RESPONDENT TOGETHER WITH THE LIST OF CANDIDATES SELECTED FOR THE PRE PH.D PROGRAM FOR THE YEAR 2024-2025

Exhibit P6 TRUE COPY OF THE ORDER DATED 10/02/2017 ISSUED BY THE 3RD RESPONDENT

Exhibit P7 TRUE COPY OF THE REQUEST MADE BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 03/02/2025

Exhibit P8 TRUE COPY OF THE REQUEST MADE BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 03/02/2025

Exhibit P9 TRUE COPY OF THE REQUEST MADE BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT DATED 03/02/2025 2025:KER:24739

Exhibit P10 TRUE COPY OF THE COMMUNICATION ISSUED BY THE DIRECTOR, AICTE TO THE VARIOUS AICTE QIP CENTRES DATED 12/01/2023

Exhibit P11 TRUE COPY OF THE G.O.(RT) NO.202/2025/HEDN DATED 13/02/2025 ISSUED BY THE 2ND RESPONDENT GRANTING PERMISSION TO A CANDIDATE TO DO PRE.PHD IN THE RAJIV GANDHI INSTITUTE OF TECHNOLOGY AT KOTTAYAM.

RESPONDENT'S EXHIBITS

EXHIBIT R3(a) TRUE COPY OF GO (Rt)No.247/2017/H.Edn DATED 10.02.2017.

EXHIBIT R3(b) TRUE COPY OF GO (Rt)No.1431/2020/H.Edn DATED 17.11.2020.