(1.) All the Writ Appeals are directed against a common judgment dated 06.10.2009 in W.P.(C)No.31862/2008 and other connected cases. All the appellants before us were respondents in the respective writ petitions.
(2.) Respondents/writ petitioners approached this Court challenging the amendment brought to the Special Rules for Kerala Technical Education Services (Amendment) of 2010 by inserting Rule 6A, contending that it is without legislative competence, therefore, unconstitutional. The stand of the writ petitioners was, State of Kerala having availed financial assistance offered by the Central Government in implementing the All India Council for Technical Education (for short 'AICTE') Scheme failed to comply with the amendment of the Special Rules as prescribed by the norms of AICTE and further diluted the qualification by inserting Rule 6A. Therefore, the said rule deserves to be quashed.
(3.) The amendment challenged in the writ petition is Rule 6A which provides exemption from obtaining Ph.D for those Lecturers who were: (1) appointed on or before 27th March, 1990 and (2) have completed 45 years of age on the date of notification i.e. 27.03.1990 for the post of Professors etc. So far as those candidates who apply for the post of Assistant Professors, they have to acquire Ph.D within 7 years of such appointment as stipulated by AICTE. As per the prescription of AICTE norms the appointment had to be made by open selection through selection committee and the experience prescribed is 15 years for Principal, 10 years for Professor and 3 years for Assistant Professor.
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