PRAGATI KIRAN NAAGAR Vs. HARI SINGH GAUR UNIVERSITY

JUDGEMENT

(1.) IN this writ petition, the question involved is permissibility of prescribing higher qualification for the purpose of recruitment for the post of Lecturer (Business Management) than the prescribed minimum qualification by All India Council of Technical Education (hereinafter referred to as "aicte" ).

(2.) PETITIONER had applied pursuant to advertisement (P-7) for the post of Lecturer (Business Administration) in Dr. Hari Singh Gour Vishwavidyalaya. Petitioner was not called for interview as she did not possess the qualification mentioned in advertisement (P-7 ). Petitioner has submitted that the qualifications laid down by AICTE are binding, petitioner fulfills the qualification laid down by AICTE. AICTE is a body of expert technical education constituted under All India Council of Technical Education Act, 1987 (hereinafter referred to as "the Act" ). Section 10 of the Act empowers the Council to lay down the norms, staff qualifications, standard of courses. Thus, the precise submission raised by petitioner is that once in exercise of statutory power minimum qualification has been prescribed as per letter (P-5), dated 15th March, 2000 in revised pay scales and service conditions degree level technical institutions all over India, minimum qualification ought to have been as prescribed by AICTE, the higher qualification could only be insisted as desirable one. Thus, petitioner ought to have been allowed to stake the claim as she possessed minimum qualification prescribed by AICTE. Para 4 of Notification (P-5) has been relied upon which is quoted below :-

(3.) APPENDIX to the Table E-3 prescribes qualification for Lecturer to be 1st Class Master's Degree in Business Management/administration/other relevant management related discipline. Thus, petitioner has submitted that prescription of the higher qualification in advertisement (P-7) as minimum essential qualification for the post of Lecturer (Business Management) is impermissible. Relevant portion of the qualification prescribes for Lecturer (Business Management) is quoted below :-