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The Supreme Court published a special leave petition on Friday in opposition to a judgment of the Kerala High Court which held that Ph. D is compulsory by law in technical institutions after 05.03.2010 for Associate Professor positions according to AICTE Regulations.
The All India Council for Technical Education, the government and the Director of Technical Education sought answers from a bench consisting of Justices Sanjay Kishan Kaul and Hemant Gupta. Justice Kaul chaired the bench with a challenge to the judgment of 03-12-2020 which held that Rule 6A(ii) of the 1967 Special Rules of Civil Economics Services of Kerala (Special Rules) had been ruled out in the Division Bench of the High Court. In 2003, this rule had allowed for the acquisition of a ph.d. qualification for seven years.
Dismissing the SLP filed against HC Judgment, earlier: Interestingly, the very same impugned judgment by the High Court was upheld by the bench led by Justice Kaul in February this year, with the SLPs being rejected. Degrees for the right to hold the position of Associate Professors are only available from the date on which they receive their PhD. Graduates are eligible for consideration at the latest.
The Court considers, however, in the SLP in force today that people whose role as associate professors has already been promoted following the judgment of the Supreme Court can be reversed by the High Court on the basis of the contested ruling. Judgment of High Court on this is that a bench consisting of Justices AM Shaffique and P.Gopinath held the following in the appealed judgment of the High Court: "The date on which "pay scales, terms of service and qualification to professors and other Academic staff In Technical Institutions Degress Rules 2010" have been established, Rules 6A(i) and 6A(ii) shall not be applied after 5-3-2010. AICTE shall be issued. In other words, the qualification of a Ph.D is mandatory for post of headmaster, professor and Associate professor (restored position of assistant professor) after 5-03-2010.
The High Court also concluded that in accordance with Article 309 of the Indian Constitution, the Kerala Technical Education Service Rules of 1968, set up by the State in accordance with the provisions of The Public Services Act of 1968, will become subject to regulations established by AICTE with regard to qualifications, method of appointment etc. Even in the absence of any permissible rule or Regulation in the State Rules, the AICTE Regulations must be followed.
Tags : #AICTE ##SupremeCourtJusticeSanjayKishanKaul #PhD
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