Tripura High Court
Dr. Biplab De vs The State Of Tripura on 7 February, 2022
Author: S. Talapatra
Bench: S. Talapatra
HIGH COURT OF TRIPURA
AGARTALA
WP(C)No.916 of 2021
WP(C)No.917 of 2021
In WP(C)No.916 of 2021
Dr. Biplab De,
son of Sri Bimal Kanti De,
resident of Ujjayanta Complex, Lane-1,
Akashbani gali, Near North Gate,
P.O. Agartala, P.S. East Agartala,
District: West Tripura, PIN: 799 001
---- Petitioner(s)
-VERSUS-
1. The State of Tripura,
represented by the Secretary & Commissioner
to the Department of Health and Family Welfare,
Government of Tripura,
having his office at New Secretariat Complex,
Gorkhabasti, Agartala, P.O. Kunjaban, P.S. New Capital Complex,
Sub-Division: Agartala, District: West Tripura
2. The Secretary & Commissioner,
Department of Health and Family Welfare,
Government of Tripura,
having his office at New Secretariat Complex,
Gorkhabasti, Agartala, P.O. Kunjaban,
P.S. New Capital Complex, Sub-Division: Agartala,
District: West Tripura
3. The Secretary & Commissioner,
Department of Finance, Government of Tripura,
having his office at New Secretariat Complex,
Gorkhabasti, Agartala, P.O. Kunjaban,
P.S. New Capital Complex
4. The Director,
Directorate of Medical Education,
Government of Tripura,
having his office at Bidurkarta Chowmuhani,
2nd floor of Lal Path Laboratory, Agartala,
P.O. Agartala, P.S. West Agartala,
Sub-Division: Agartala, District: West Tripura
Page 2 of 22
5. The Regional Institute of Pharmaceutical
Science & Technology,
Medical Education Directorate, Government of Tripura,
represented by its Principal,
having his office at Abhoynagar, Agartala,
District: West Tripura
6. The Principal,
Regional Institute of Pharmaceutical Science & Technology,
Medical Education Directorate, Government of Tripura,
having his office at Abhoynagar, Agartala,
District: West Tripura
---- Respondent(s)
In WP(C)No.917 of 2021
Dr. Rishi Raj Chhetree, son of late Ram Chandra Chhetree, resident of village: Ramkrishna Palli, P.O. Kunjaban, P.S. New Capital Complex, Sub-Division: Agartala, District: West Tripura, PIN: 799 006
---- Petitioner(s)
-VERSUS-
1. The State of Tripura, represented by the Secretary & Commissioner to the Department of Health and Family Welfare, Government of Tripura, having his office at New Secretariat Complex, Gorkhabasti, Agartala, P.O. Kunjaban, P.S. New Capital Complex, Sub-Division: Agartala, District: West Tripura
2. The Secretary & Commissioner, Department of Health and Family Welfare, Government of Tripura, having his office at New Secretariat Complex, Gorkhabasti, Agartala, P.O. Kunjaban, P.S. New Capital Complex, Sub-Division: Agartala, District: West Tripura
3. The Secretary & Commissioner, Department of Finance, Government of Tripura, having his office at New Secretariat Complex, Gorkhabasti, Agartala, P.O. Kunjaban, P.S. New Capital Complex Page 3 of 22
4. The Director, Directorate of Medical Education, Government of Tripura, having his office at Bidurkarta Chowmuhani, 2nd floor of Lal Path Laboratory, Agartala, P.O. Agartala, P.S. West Agartala, Sub-Division: Agartala, District: West Tripura
5. The Regional Institute of Pharmaceutical Science & Technology, Medical Education Directorate, Government of Tripura, represented by its Principal, having his office at Abhoynagar, Agartala, District: West Tripura
6. The Principal, Regional Institute of Pharmaceutical Science & Technology, Medical Education Directorate, Government of Tripura, having his office at Abhoynagar, Agartala, District: West Tripura
---- Respondent(s) For Petitioner(s) : Mr. Somik Deb, Sr. Adv.
Ms. R. Chakraborty, Adv.
For Respondent(s) : Mr. D. Bhattacharya, G.A.
Mr. S. Saha, Adv.
Date of Hearing &
Judgment and Order : 07.02.2022
Whether fit for
reporting : No
HON'BLE MR. JUSTICE S. TALAPATRA
Judgment & Order (Oral)
Heard Mr. Somik Deb, learned senior counsel assisted by Ms. R. Chakraborty, learned counsel appearing for the petitioners and Mr. D. Bhattacharya, learned G.A. assisted by Mr. S. Saha, learned counsel appearing for the respondents.
[02] Both the petitions being WP(C)No.916 of 2021 and WP(C)No.917 of 2021 are combined for disposal by a common Page 4 of 22 judgment as the relief claimed by the petitioners in these petitions are identical being set up in the resembling facts. The petitioners have challenged the corrigendum under No.F.6(69-A)-RIPSAT/PER/2001- 2002/1420-28 dated 10.12.2021 issued by the Principal, RIPSAT [Annexure-29 in WP(C)No.916 of 2021] and the corrigendum under No.F.6(67)-RIPSAT/PER/2001-2002/1411-19 dated 10.12.2021 [Annexure-13 in WP(C)No.917 of 2021]. That apart, the petitioners have urged for prohibiting the respondents from acting on the said corrigendum dated 10.12.2021. Further, the petitioners have urged this court for directing the respondents to restore the status of the petitioner as Associate Professor with effect from 05.06.2014 so far the petitioner in WP(C)916 of 2021 is concerned and with effect from 19.12.2015 so far the petitioner in WP(C)No.917 of 2021 is concerned. For purpose of appreciating the challenge against the corrigendum dated 10.12.2021, the relevant facts may be introduced at the outset. [03] The petitioner in WP(C)No.916 of 2021 [Dr. Biplab De] was initially appointed as the Lecturer in Pharma-Chemistry in the Regional Institute of Pharmaceutical Science and Technology (RIPSAT for short) under Health and Family Welfare Department, Government of Tripura in the scale of pay of Rs.8,000-13,500/- with retrospective effect from 19.12.2001, but subject to outcome of WP(C)476 of 2001. The said writ petition was withdrawn and as a result, in no manner, the appointment of the petitioner in the post of Lecturer, Pharma-Chemistry has been impacted by the outcome. In the seniority list published on 08.07.2009, Page 5 of 22 the petitioner was placed at serial No.1 for the post of Lecturer(degree course) in RIPSAT. In the course of time, the petitioner No.1 was selected and appointed to the post of Associate Professor in the Assam University by the order dated 27.08.2011 [Annexure-11 to the writ petition] being WP(C)No.916 of 2021.
[04] The petitioner made a prayer for grant of lien for a period of two years. By the notification dated 15.09.2011 [Annexure-12 to the writ petition in WP(C)No.916 of 2021] the petitioner was granted two years' lien with effect from 26.09.2022. Prior to issuance of the lien, the petitioner was released from the post of Lecturer in RIPSAT by the memorandum dated 24.09.2011. The petitioner joined in the post of Associate Professor in Assam University on 26.09.2011. But before the lien expired, the petitioner resumed his duty on 05.10.2012 again as the Lecturer in RIPSAT.
[05] The petitioners have referred the AICTE regulation. The part of the AICTE regulation which had been referred by the petitioners are as follows:
".....Clause (a) Assistant Professor/Associate Professors/Professors in Technical Institutions:
...(ii) An Assistant Professor with completed service of 4 years, possessing Ph.D. degree in the relevant branch/discipline shall be eligible, for moving up to AGP of Rs.7,000/-. ....(vii) Assistant Professors with completed service of 5 years at the AGP of Rs.7,000/- shall be eligible, subject to other requirements laid down by the AICTE, to move upto the AGP of Rs.8,000/-.
....(xii) Assistant Professors completing 3 years of teaching in the AGP of Rs.8000 shall be eligible, subject to other conditions, that may be prescribed by AICTE as applicable, to move to the Pay band of Rs.37400-67000 with AGP of Rs.9000 and to be designated as Associate Professor.
(xiii) Associate Professor completing 3 years of service in the AGP of Rs.9000 and possessing a Ph.D degree in the relevant Page 6 of 22 discipline shall be leigible to be appointed and designated as Professor, subject to other conditions of academic performance as laid down by the AICTE. No teacher other than those with a Ph.D shall be promoted, appointed or designated as Professor.
The pay Band for the post of Professors shall be Rs.37400- 67000 with AGP of Rs.10000."
[06] The relevant notification dated 05.03.2010 [Annexure-18 to the writ petition in WP(C)916 of 2021] has been enclosed. Pursuant to the notification dated 05.03.2010, a further notification under No.F.2(86)/RIPSAT/ESTT/2010-11/2376-90 dated 01.03.2013 has been issued. By the said notification dated 01.03.2013, the revised pay structure as introduced by AICTE (All India Council for Technical Education), was extended to the Teachers working in the degree course in RIPSAT but it was communicated that even though the said revised pay structure would be effective from 01.01.006, but the period from 01.01.2006 to 31.12.2008 would be notional and the actual financial benefit would be available from 01.01.2009. It was categorically mentioned that such revision will only apply in case of the Teachers who are in the regular scale of pay and has been appointed through the prescribed recruitment process. Thus, by the notification dated 01.03.2013, the notification dated 05.03.2010 [Annexure-18] has been given effect to with certain modifications. In the notification dated 01.03.2013, it has been provided that Assistant Professor [through CAS] on completing three years of teaching in the AGP of Rs.8,000/- shall be eligible subject to other conditions that may be prescribed by AICTE to move to the pay band of Rs.37,400-67,000/- with AGP of Rs.9,000/- and he will be re-designated as Associate Professor. It has Page 7 of 22 been further provided that Associate Professor possessing a Ph.D degree in the relevant discipline shall on completing three years of service in the AGP of Rs.9,000/- be eligible to be appointed and designated as Professor, subject to fulfilling the other conditions viz. academic performance etc. as laid down by AICTE. No teacher other than those with a Ph.D shall be promoted/appointed or designated as Professor. The pay band for the post of Professor shall be Rs.37,400/- 67,000/- with AGP of Rs.10,000/-.
[07] The Director of Health Services by the order dated 09.09.2014 [Annexure-20 to the WP(C)No.916 of 2021] granted the CAS scale in the pay band of Rs.37,400/--67,000/- with AGP of Rs.9,000/- with effect from 05.06.2014 on completion of three years of continuous service as Assistant Professor. This fact is not disputed. Since the petitioner was granted the CAS scale in the pay band of Rs.37,400/--67,000/- with AGP of Rs.9,000/- with effect from 05.06.2014. According to the petitioner he became eligible with effect from 05.06.2017 to be appointed or designated as the Professor in the scale of pay of Rs.37,400-67,000/- with AGP of Rs.10,000/-. The petitioner's representation on 03.05.2017 for such designation followed by the representations submitted on 09.07.2019 and 03.09.2020 (available at Aneexure-20). But his prayer was not yielded to. [08] Being aggrieved, the petitioners filed a writ petition being WP(C)No.437 of 2021. The said writ petition was allowed by the Page 8 of 22 judgment and order dated 02.07.2021 [Annexure-23 to the writ petition being WP(C)916 of 2021] with the following observations:
"In view of above submissions of the learned counsel appearing for the parties to the lis, I am of the opinion that the present petition may be disposed of with the following directions:
(a) The respondents shall definitely consider the appointment of the petitioner as professor on completion of three years of service as Associate Professor;
(b) The respondents shall pay the prescribed pay band with AGP for the post of professor as indicated in Clause-xiii of the notification w.e.f. 06.06.2017 i.e. the date after completion of three years of service as Associate Professor and also pay the arrears of pay as Professor admissible to the petitioner on completion of three years of service as Associate Professor w.e.f. 06.06.2017, considering his entitlement under the Service Rules;
(c) The respondents shall provide other consequential benefits, if the petitioner is entitled to, as per service rules; and (d) The entire process shall be completed within a period of three months from the date of receipt of the copy of this order."
In furtherance of the said judgment and order dated 02.07.2021, the petitioners submitted a representation to the Principal Secretary, Health & Family Welfare Department on 16.07.2021 for compliance of the said direction contained in the judgment and order dated 02.07.2021 for their appointment to the post of Professor in RIPSAT. But by the order under No.F.1(22)-RIPSAT/2021/5546-51 dated 08.10.2021 [Annexure-25 to the writ petition in WP(C)No.916 of 2021], it has been stated that the petitioner was appointed to the post of Lecturer in Pharma-Chemistry in RIPSAT and subsequently he was re-designated as Assistant Professor and thereafter, the petitioner was allowed CAS in the next higher grade pay of Rs.37,400/-67,000/- with AGP of Rs.9,000/- with effect from 05.06.2014 for his completion of three-years continuous service as Assistant Professor, by the order dated 09.09.2014 issued by the Director of Health Services. But it has Page 9 of 22 been further observed that the recommendation of Screening cum Evaluation Committee is required for moving to the higher grade pay but in case of the petitioner such recommendation was not followed conformity to the requirement of the regulation of AICTE, the movement to the pay scale of Rs.37,400-67,000/- with AGP of Rs.9,000/- was found irregular.
[09] The petitioner was communicated that his prayer cannot be acceded to. But in all records, according to the petitioner, he had been shown as the Associate Professor. On the face of such emergence as noted above, the petitioner had urged for initiation of the contempt proceeding by filing the petition being CONT.CAS(C)No.87 of 2021. During the said proceeding a corrigendum under No.F.6(69-A)- RIPSAT/PER/2001-2002/1420-28 dated 10.12.2021 has been issued noting that the petitioner shall be treated as Assistant Professor not as Associate Professor. The said corrigendum dated 10.12.2021 [Annexure-29 to the writ petition in WP(C)No.916 of 2021] has been fundamentally challenged in this writ petition with the other consequential action emanating therefrom. According to the petitioners it cannot be denied that the petitioners did not meet the requisite qualification for CAS, for having the benefit of movement to the higher scale of pay of Rs.37,400-67,000/- with AGP of Rs.9000/- and the movement to the higher scale has duly been granted. Whether the respondents had formed a committee for purpose of recommendation or not was beyond the knowledge of the petitioner. Even if such committee Page 10 of 22 was not formed, for that the petitioner cannot be blamed. Hence, the corrigendum dated 10.12.2021 is bad in law and liable to be quashed. It has been further asserted that before issuing the corrigendum dated 10.12.2021 [Annexure-29], no notice was served on the petitioners. It was an unilateral order taking away the financial benefits as granted to the petitioner in conformity to the provisions of AICTE regulation. It has been also asserted that since the petitioner was rightly granted the benefit of scale of pay of Rs.37,400-67,000/- with AGP of Rs.9,000/- with effect from 05.09.2014, the petitioner was/is eligible to get the subsequent CAS benefit being designated or appointed as the Professor in the pay band of Rs.37,400-67,000/- with AGP of Rs.10,000/-. Moreover, since the judgment and order dated 02.07.2021 has attained the finality as the respondents did not prefer any appeal or review therefrom, the respondents are bound by the said judgment of this court. A judgment of this court cannot be debased by an administrative order, such as the corrigendum dated 10.12.2021. The said contempt petition was on the day of filing the said writ petition pending and as such this court may not observe whether there was deliberate violation of the said judgment dated 02.07.2021 [Annexure-23 of the WP(C)No.916 of 2021].
[10] So far as the writ petitioner being WP(C)917 of 2021 is concerned, the petitioner of the said writ petition was appointed to the post of Lecturer in RIPSAT by the notification dated 09.01.2002 [Annexure-7 to the writ petition being WP(C)No.917 of 2021] in the Page 11 of 22 scale of pay of Rs.8,000-13,500/- following the AICTE regulation vide the notification dated 05.03.2010 [Annexure-8 to the writ petition being WP(C)917 of 2021]. According to the petitioner in view of the notification dated 01.03.2013 as referred before, he was eligible to be moved to the next CAS pay scale of Rs.37,400-67,000/- with academic grade pay of Rs.9,000/- for his completion of three years service in the grade of Assistant Professor. It may be noted that the post of Lecturer in the degree course in RIPSAT was converted to the post of Assistant Professor by virtue of the revised pay structure which was given notional effect from 01.01.2006. By the order under No.F.3(430)- HFW/2015 dated 22.12.2015 [Annexure-10 to the writ petition being WP(C)917 of 2021] the petitioner was granted the scale of pay of Rs.37,400/-67,000/- with AGP of Rs.9,000/- with designation of the Associate Professor with effect from 19.12.2015. As it would be evident from the order dated 28.12.2015 [Annexure-11 to the writ petition being WP(C)No.917 of 2021]. According to the petitioner in WP(C)No.917 of 2021 [Sri Rishi Raj Chetree] he became eligible to be appointed or designated as the Professor in the pay band of Rs.37,400- 67,000/- with AGP of Rs.10,000/- with effect from 19.12.2018. When the petitioner was not granted the said benefit by designating him as the Professor with the said AGP, the petitioner filed a writ petition being WP(C)660 of 2021 which was pending for consideration at the time of filing the writ petition. The said corrigendum dated 10.12.2021 [Annexure-13 to the writ petition being WP(C)917 of 2021] was issued Page 12 of 22 by cancelling the designation of the Associate Professor. By the said corrigendum, the designation was recalled and the petition was designated from Associate Professor to Assistant Professor. The said corrigendum has also been challenged by this petitioner stating that the said corrigendum is untenable for the same reasons as stated by the writ petitioner of WP(C)916 of 2021.
[11] The respondents by filing their reply did not dispute the position taken by the petitioner in respect of the notification dated 01.03.2013. They have categorically contended that according to the AICTE (Career Advancement Scheme for the teachers and other academic staff in educational institutions Degree) Regulations, 2012 as published in the Gazette of India on 08.11.2012 [Annexure-R/3 to the reply filed by the respondents] for purpose of granting the benefits under the Career Advancement Scheme (CAS) in the degree level technical institutions the following conditions are to be observed:
i. A teacher must submit in writing to the University/college within three months in advance of the due date that he/she fulfils all qualifications under CAS and submit to the University/College the Performance based Appraisal System (PBAS) in a proforma as evolved by the concerned University/College duly supported by all credentials as per the Academic Performance Indicator (API) guidelines as given in Appendix-I as set out in the said Regulations.Page 13 of 22
ii. There shall be a screening-cum-Evaluation Committee to be headed by the Principal/Director of the College for verification/evaluation of API Score of the candidates through PBAS methodology designed by the respective University/Directorate of Technical Education as given in the tables of Appendix-I of the said Regulations.
iii. There shall also be a Selection Committee for selection of Assistant Professor, Associate Professor and Professor for direct recruitment and under CAS as prescribed in Clause-4 of the AICTE Regulations.
iv. There can be no movement of teacher under the CAS from the Post of Assistant Professor to the post of Associate Professor or from the post of Associate Professor to the post of Professor under the CAS without evaluation of a candidate's API Score by the screening-cum Evaluation Committee through Performance Based Appraisal System (PBAS) and without recommendation of the Selection Committee.
[12] The respondents have admitted that while granting the movement under CAS to the petitioners the following procedure was not followed in terms of the AICTE regulations 2010 and AICTE regulations, 2012. Therefore, the said movement under CAS to the post of Associate Professor cannot be held regular inasmuch as the Screening cum Evaluation Committee did not assess the performance of the petitioner under PBAS. But they have admitted that the case of the petitioners for Page 14 of 22 the post of Associate Professor is under consideration of the Government. The petitioner has filed the rejoinder and questioned the contention raised by the respondents as regards the procedure. According to them, in terms of the notification dated 05.03.2010, the designation is to the post of Associate Professor is automatic. That apart, they have asserted that for performance based appraisal system, a proforma as evolved by the concerned University/College, duly supported by all credentials, as per the Academic Performance Indicator (API) Guidelines, see Appendix-A, is deducible under AICTE Regulations, 2012. But that was never adopted by the State of Tripura. That apart, no such proforma has been evolved either by RIPSAT or by the department of Health & Family Welfare, Government of Tripura. They have categorically stated in their rejoinder that the AICTE Regulation, 2010 was adopted by the Government, not the AICTE Regulation, 2012. API score under PBAS system is not mentioned in AICTE Regulation, 2010. Screening cum Evaluation Committee is indicated in AICTE Regulation, 2010 and the government which adopted the same has indicated in the notification dated 01.03.2013. It has been further asserted by the petitioners that AICTE Regulations, 2012 & API score for CAS is not yet considered by the appropriate authority of the government taking into account of the local conditions i.e. research activities and infrastructure to provide such facilities to the faculties, so that teachers are not to be deprived for achieving individual time bound benefit i.e. CAS due to the lack of facilities/infrastructure. In this Page 15 of 22 regard, the basic aim of introduction/adoption of AICTE pay structure is not violated and hence, the corrigendum that has been issued is untenable and it is to be interfered with and consequential benefit as is entitled to the petitioner including their movement to the pay band with AGP for Associate Professor and Professor [with designation] shall be granted without further consideration.
[13] Having appreciated the submission of the learned counsel for the parties as well as of the records as produced by the respondents the following questions emerge pertinent for consideration of granting the reliefs as prayed by the petitioners in these two writ petitions:
(i) Whether in terms of the notification dated 01.03.2013 (op.cit) is there any requirement of recommendation from the Screening cum Evaluation Committee after assessment through the Performance Based Appraisal System (PBAS)?
(ii) Whether the movement to the CAS is automatic after three years of service?
[14] In the notification dated 01.03.2013 as issued by the Health & Family Welfare Department, Government of Tripura, it has been categorically provided in paras 11 & 12 as follows:
"11. CAS:
As recommended in the Regulation duly notified by the AICTE meant for Degree Level Technical Institutions.
12. Qualification and other measures for recruitment and maintaining standard:
As recommended in the Regulation duly notified by the AICTE in respect of Degree level Technical Institutions."Page 16 of 22
It definitely implies that whatever regulation AICTE notifies that shall be binding while granting any benefit under CAS. Even in para-2
(xii) of Annexure-R/2 to the notification dated 01.03.2013, the following has been provided:
"(xii) Assistant Professors through CAS completing 3 years of teaching in the AGP of Rs.8,000/- shall be eligible, subject to other conditions, that may prescribed by the AICTE, to move to the Pay Band of Rs.37,400/-67,000/- with AGP of Rs.9,000/-
and to be designated as Associate Professor."
Similarly, it has been provided in para-2, Clause-xiii that Associate Professor completing 3 years of service in the AGP of Rs.9,000/- and possessing a Ph.D Degree in the relevant discipline shall be eligible to be appointed and designated as Professor, subject to the other conditions of academic performance as laid down by the AICTE. No teacher other than those with a Ph.D shall be promoted/appointed or designated as Professor. The Pay Band for the posts of Professor shall be Rs.37,400-67,000/- with AGP of Rs.10,000/-.
[15] There is no dispute that both the petitioners are having the degree of Doctor of Philosophy (Ph.D) in their discipline. Therefore, they are all eligible to be considered for appointment under CAS to the post of Professor in the pay band of Rs.37,400-67,000/- with AGP of Rs.10,000/-. But in all the provisions it has been made mandatory that whatever the AICTE provides that shall be applicable for granting any benefit under CAS to the teachers working under the technical degree institutions. In this regard, this court has come across the notification of the AICTE dated 08.11.2012 in respect of Career Advancement Scheme Page 17 of 22 (CAS) for the teacher and other academic staff in Technical Institution(Degree). By the said notification dated 08.11.2012, the regulation called All India Council for Technical Education (Career Advancement Scheme for the Teachers and other Academic Staff in Technical Institutions)(Degree) Regulations, 2012 has been made applicable to all technical institutions, approved by AICTE and Universities including the institutions deemed to be Universities, imparting technical education and such other courses/programs and areas as notified by AICTE from time to time. It has been stated that the same would come into effect from the date when such date will be notified. But it has been provided that in the event, any candidate becomes eligible for promotion under Career Advancement Scheme in terms of these Regulations on or after 05.05.2010, the promotion of such a candidate shall be governed by the provisions of these Regulations. By the said regulation which has been notified on 08.011.2012 a detailed procedure has been provided. For purpose of reference, those procedures as provided by the All India Council for Technical Education (Career Advancement Scheme for the Teachers and other Academic Staff in Technical Institutions)(Degree) Regulations, 2012 are reproduced hereunder:
2. CAREER ADVANCEMENT SCHEME 2.1 A teacher who wishes to be considered for promotion under CAS may submit in writing to the University/College, within three months in advance of the due date, that he/she fulfils all qualifications under CAS and submit to the University/College the Performance Based Appraisal System (PBAS) in a proforma as evolved by the concerned University/College duly supported by all credentials as per the Academic Performance Indicator (API) guidelines (Appendix 1) set out in these Regulations. 2.2 In order to avoid delays in holding Selection Committee meetings in various positions under CAS, the University/College should immediately initate the process Page 18 of 22 of screening/selection, and shall complete the process within six months from the date of application. Further, in order to avoid any hardships, candidates who fulfill all other criteria mentioned in these Regulations, as on 05th March, 2010 and till the date on which these Regulations is notified, can be considered for promotion from the date, on or after 5th March, 2010, on which they fulfill the eligibility conditions. 2.3 Candidates who do not fulfill the minimum score requirement under the API Scoring System proposed in the Regulations as per Tables II (A and B) of Appendix 1 or those who obtain less than 50% in the expert assessment of the selection process will have to be re-assessed only after a minimum period of one year. The date of promotion shall be the date on which he/she is successfully re-assessed. 2.4 The Selection Committee specifications as delineated in Clause 4 are applicable to Career Advancement Promotion of Assistant Professor to Associate Professor and Associate Professor to Professor.
2.5 CAS promotions from a lower grade to a higher grade of Assistant Professor/Associate Professor shall be conducted by a "Screening-cum-Evaluation Committee" adhering to the criteria laid out as API score in Performance Based Appraisal System(PBAS) in the Tables of Appendix 1.
2.6 The "Screening-cum-Evaluation Committee" for CAS promotion of Assistant Professors/Associate Professor from one AGP to the other higher AGP shall consist of:
[1] "Screening-cum-Evaluation Committee" for University teachers:
(i) The Vice Chancellor or Acting Vice Chancellor, as the Chairperson of the selection committee;
(ii) The Dean of the concerned Faculty;
(iii) The Head of the Department/Chairperson of the School; and
(iv) One subject expert in the concerned subject nominated by the Vice Chancellor or Acting Vice Chancellor from the University panel of experts [2] "Screening-cum-Evaluation Committee" for College teachers:
(i) The Principal/Director of the College;
(ii) Head of the concerned department from the College, where there is no
HOD, Professor as nominated by the Principal/Director from the same or any other Institution in the jurisdiction of the concerned University; and
(iii) Two subject experts in the concerned subject nominated by the Vice Chancellor or Acting Vice Chancellor from the University panel of experts.
[3] For Government/Government Aided/Government Autonomous Colleges:
(i) As may be prescribed by the respective State Governments/Board of Governors 2.7 The quorum for these committee in both categories mentioned above shall be three including one subject expert/University nominee need to be present.
2.8 The Screening-cum-Evaluation Committee on verification/evaluation of API score secured by the candidate through the „PBAS‟ methodology designed by the respective University/Directorate of Technical Education based on these Regulations and as per the minimum requirement specified in Tables II and III of Appendix 1 for each of the cadre of Assistant Professor, shall recommend to the Syndicate/Executive Council/Board of Management of the University/College about the suitability for the promotion of the candidate(s) under CAS for implementation. 2.9 All the selection procedures outlined above, shall be completed on the day of the selection committee meeting, wherein the minutes are recorded along with PBAS scoring proforma and recommendation made on the basis of merit and duly signed by all members of the selection committee in the minutes. 2.10 CAS promotion, being a personal promotion to the incumbent teacher holding a substantive sanctioned post, on superannuation of the individual incumbent, the said post shall revert to its original cadre.
2.11 The incumbent teacher must be on the roll and active service of the Universities/Colleges on the date of consideration by the Selection Committee for Selection/CAS Promotion.
2.12 Candidates shall offer themselves for assessment for promotion, if they fulfill the minimum API scores indicated in the appropriate API system tables by submitting an application and the required PBAS proforma. They can do so three months Page 19 of 22 before the due date of the promotion if they consider themselves eligible. In any event, the University/College concerned shall send a general circular twice a year calling for applications for CAS promotions from eligible candidates. 2.13 In the final assessment, if the candidates do not either fulfill the minimum API scores in the criteria as per PBAS proforma or obtain less than 50% in expert assessment, wherever applicable, such candidates will be reassessed only after a minimum period of one year.
2.14 If a candidate applies for promotion immediately on completion of the minimum eligibility period and is successful the date of promotion will be made applicable from the date of completion of minimum period of eligibility. 2.15 If, however, the candidate finds that he/she fulfils the eligibility conditions at a later date and applies on that date and is successful, his/her promotion will be effected form the date of application.
2.16 If the candidate does not succeed in the first assessment, but succeeds in the subsequent assessment, his/her promotion will be deemed to be from the later date of successful assessment.
3. STAGES OF PROMOTION UNDER CAREER ADVANCEMENT SCHEME OF INCUMBENT AND NEWLY APPOINTED ASSISTANT PROFESSORS/ASSOCIATE PROFESSOR/PROFESSORS:
3.1 Entry level Assistant Professors (Stage 1) would be eligible for promotion under the Career Advancement Scheme (CAS) through two successive stages (stage 2 and stage 3), provided they are assessed to fulfill the eligibility and performance criteria as laid down in next clause.
3.2 In order to remedy the difficulties of collecting retrospective information and to facilitate the implementation of these Regulations from 5th March, 2010 in the CAS Promotion, the API based PBAS will be progressively and prospectively rolled out.
Accordingly, the PBAS based on the API scores of categories I and II as mentioned in the tables of Appendix I is to be implemented for one year, initially based on the existing systems in Universities/Colleges for one year only with the minimum annual scores as depicted in Table II (a) and II (b) for University and College teachers. This annualized API scores can then be compounded progressively as and when the teacher becomes eligible for CAS promotion to the next cadre. Thus, if a teacher is considered for CAS promotion in 2013, one year API scores for 2012-13 alone will be required for assessment. In case of a teacher being considered for CAS promotion in 2014, two years average of API scores for these categories will be required for assessment and so on leading progressively for the complete assessment period.
3.3 Assistant Professor, possessing Ph.D Degree in the relevant discipline shall be eligible, for moving to the next higher grade of Rs.7000 (stage 2) after completion of four years service as Assistant Professor.
3.4 Assistant Professor possessing M. Phil Degree or a Post-Graduate Degree in professional courses, approved by the relevant statutory body, shall be eligible for the next higher grade of Rs.7000 (stage 2) after completion of five years service as Assistant Professor.
3.5 Assistant Professor who does not have Ph.D or M. Phil or a Master‟s Degree in the relevant professional course, shall be eligible for the next higher grade of Rs.7000 (stage 2) only after completion of six years service as Assistant Professor. 3.6 The upward movement from the entry level grade (stage 1) to the next higher grade of Rs.7000 (stage 2) for all Assistant Professors shall be subject to their satisfying the API based PBAS conditions laid down by the AICTE in this Regulation. 3.7 Assistant Professor who has completed five years of service in the grade of Rs.7000 (stage 2) shall be eligible, subject to meeting the API based PBAS requirements laid down by these Regulations, to move up to next higher grade of Rs.8000 (stage 3). 3.8 Assistant Professor completing three years of teaching in the grade of Rs.8000 (stage 3) shall be eligible, subject to the qualifying conditions and the API based PBAS requirements prescribed by these Regulations, to move to the Pay Band of Rs.37400-67000 with next higher grade of Rs.9000 (stage 4) and to be designated as Associate Professor. However, those joining the Service after 5th March 2010 shall have also named Ph.D in addition to above mentioned requirements to move to the stage 4.
3.9 Associate Professor completing three years of service in stage 4 and possessing a Ph.D Degree in the relevant discipline shall be eligible he appointed and designated as Professor and be placed in the next higher grade of Rs.10000 (stage 5) subject Page 20 of 22 to following:
(a) Satisfying the required credit points as per API based PBAS requirements as provided in Tables of Appendix 1 and
(b) an assessment by a duly constituted selection committee as suggested for the direct recruitment of Professor.
Provided that no teacher other than those with a Ph.D. shall be promoted or appointed as Professor.
[16] Thus, it is apparent even from the AICTE (Career Advancement Scheme for the Teachers and other Academic Staff in Technical Institutions)(Degree) Regulations, 2012 that in the event, any candidate becomes eligible for the promotion under Career Advancement Scheme (CAS) on or after 05.03.2010, the promotion of such candidate shall be governed by the provisions of the said regulation. Hence, the said Regulation, 2012 is all pervading with effect from 05.03.2010. In granting the CAS benefits under the notification dated 01.03.2013 has to be done in terms of the said Regulation, 2012 and there is no escape. But at the same time, this court cannot be oblivious that if a candidate applied for promotion immediately on completion of the minimum eligibility period and becomes successful, the date of promotion will be made applicable from the date of completion of minimum period of eligibility as provided by the said Regulation, 2012. Thus, the recommendation of the Screening cum Evaluation Committee is inalienable part of the upgrading one Teacher in the technical institution (Degree) under CAS. Candidate who is eligible for consideration shall apply in writing to Universities/Colleges within three months in advance of due date that he/she fulfills all qualifications under CAS and further submit the data to the Page 21 of 22 Universities/Colleges for assessment under the Performance Based Appraisal System (PBAS) in a proforma, as evolved by the concerned University/College duly supported by all credentials as per the Academic Performance Indicator (API) guidelines (Appendix 1). The base notification dated 05.03.2010 contains the terms and conditions for introduction of the revised pay structure for the teachers in the degree courses in technical institutions i.e. RIPSAT etc. as per the AICTE pay structure-2006 for the present purpose. Thus, the promotion/upgradation under CAS is not automatic. In the present case for omission to follow the appropriate procedure, the petitioners cannot be blamed, and as such the respondents are provided a period of six months from the day of receipt of a copy of this order to follow the procedure of Career Advancement Scheme for promoting/upgrading the petitioners to the posts of Associate Professor and Professor, if found that the petitioners fulfill the eligibility condition on completion of three years of service in each stage. During that time, subject to outcome of that evaluation in terms of the Regulation, 2012 the impugned corrigendum shall not be given effect to for any purpose. The operation of the impugned corrigendum in respect of the petitioners shall depend on the outcome of evaluation of the performance in terms of the said Regulation, 2012 and recommendation by Screening cum Evaluation Committee. It is made absolutely clear that the petitioners will be entitled to get the up-gradation on the date when they completed the minimum period of eligibility, only if it is found that the petitioners were Page 22 of 22 eligible for promotion under CAS to the post of Associate Professor from the date when they had completed three years of service from the date of their completing the minimum period of eligibility for being considered for promotion under CAS. The respondents cannot be allowed to take the advantage of their mistake by not considering the petitioners when they completed the minimum period of eligibility for such promotion under CAS, as per procedure laid down by AICTE. [17] In the result, the petitioners shall be allowed to avail the benefits of pay band of Rs.37,400-67,000/- with AGP of Rs.9,000/- till such process is completed within the stipulated period as prescribed above i.e. within six months from the date of receiving a copy of this order [from the petitioners].
Having observed and directed thus, these writ petitions stand allowed, to the extent as indicated above.
There shall be no order as to costs.
JUDGE Moumita