BINOY CH. SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Being denied of promotion to the post of Workshop Superintendent in Engineering College on the ground that he does not possess the requisite qualification of M.Tech. with Ph.D., the petitioner is filing this writ petition for appropriate relief. The essential facts are not in dispute. The petitioner passed B.E. (Honours) examination in First Class, and joined the post of Workshop Superintendent at Bonggaigaon Polytechnic in the year 1995, and his service was subsequently regularised in the year 2004. He has also passed M. Tech examination with First Class. In the year 2004, he applied for promotion to the post of Workshop Superintendent in Engineering College in accordance with the extant rules, namely, Assam Technical Education Service Rules, 1981 ("the Rules", for short). The Director of Technical Education, Assam recommended his case for the promotion with detailed resume indicating therein that two posts of Workshop Superintendent in Engineering College were lying vacant ever since 2004. When no DPC meeting was held for a fairly long spell of time, the petitioner filed W.P.(C) No. 3083 of 2009 before this Court, which by the order dated 7.12.2011 had directed the respondent authorities to hold a meeting of DPC for considering his case together with other eligible candidates for the promotion. After some delay, the DPC meeting was convened on 30.11.2012 in the Office of the respondent No. 1, but he could not be considered for the promotion since he did not possess the qualifications of M. Tech with Ph.D. degree as required by the All India Council for Technical Education (AICTE) notification dated 22.1.2010. It is contended by the petitioner that the eligibility for the post of Workshop Superintendent in Engineering College under the unamended Rules of 1981 is only M.Tech, which he acquired in 2008 and Ph.D. is not necessary.

(2.) The writ petition is resisted by the State respondents through the Director of Technical Education, Assam (respondent No. 2) by filing their affidavit-in-opposition. It is pointed out by the answering respondent that in compliance with the order dated 7.12.2012 passed by this Court, a DPC meeting was held on 30.11.2012 in the chamber of the respondent No. 1 regarding the promotion of the petitioner from the post of Workshop Superintendent, Polytechnic to the post of Workshop Superintendent, Engineering College. The meeting resolved that the post of Workshop Superintendent, Engineering College belonged to the cadre of Assistant Professor which is now re-designated as Associate Professor of Engineering College for which the minimum qualification prescribed by the Notification dated 22.1.2010 issued by the AICTE is BE/B.Tech and M.E./M.Tech and Ph.D. degree or its equivalent in the appropriate discipline; the petitioner does not possess Ph.D. degree and could not be considered for the post of Workshop Superintendent of Engineering College in the DPC meeting. The DPC, therefore, declined to recommend the promotion of the petitioner to the said post.

(3.) It is also the case of the answering respondent that in terms of the Government notification dated 15.3.1985, the post of Workshop Superintendent in Engineering College would be in the grade of Assistant Professor, which, as per the notification dated 22.1.2010 of the AICTE has been redesignated as Associate Professor [Pay band of Rs. 37,900-67,000 with AGP of Rs. 9,000/-]. Thus, the qualification for Workshop Superintendent in Engineering College is now on par with the qualification for Associate Professor, for which Ph.D. degree is essential. The petitioner has no Ph.D. degree and is, therefore, not qualified for the post of Workshop Superintendent in Engineering College. It is also pointed out by the answering respondent that clause 5(3) of the AICTE notification dated 30.12.1999 and the subsequent Government notification dated 20.5.2004, it is provided that teachers already in service prior to 1st January, 1996 and who at the time of recruitment possessed only a second class degree at Bachelor's or Master's level (but met all the qualification requirements prescribed by AICTE at the time of their recruitment) are exempted from the requirement of First Class for the Degree they had at the time of their recruitment. However, there is no exemption in respect of the minimum requirement of qualification/degree for promotion/recruitment as in the case of the petitioner. There is no question of the respondent No. 2 attempting to push back the process of selection through DPC. The answering respondent does admit that there are some Associate Professor in Assam Engineering College without Ph.D. Degree because they had received Selection Grade Lecturer pay scale of Rs. 12,000-18,300/- and had completed 3 years as on 1.1.2003 (the date of Revision of Pay) and redesignated as Associate Professor as per AITCE norms for which Ph.D. degree was not mandatory. After implementation of the pay scale to the gazetted staff of the Engineering Colleges and Polytechnics of Assam, the State Government follows the norms and procedure laid down by the AICTE for appointment and promotion in such colleges and polytechnics under the Government of Assam.