Kerala High Court
Satheesh Kumar C vs State Of Kerala Represented By Its ... on 14 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
W.P.(C)No.2366 of 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
WP(C) NO. 2366 OF 2023
PETITIONER:
SATHEESH KUMAR C
AGED 49 YEARS
S/O V.V. KUNHIRAMAN NAMBIAR, "GREESHMAM" PARIYARAM
P.O, KANNUR DISTRICT, PIN - 670 502 (WORKING AS
INSTRUCTOR GRADE I, MECHANICAL ENGINEERING
DEPARTMENT, POVVAL, MULIYAR P.O, KASARAGOD, PIN -
671542
BY ADVS.
SRI K.S.MADHUSOODANAN
SRI M.M.VINOD KUMAR
SRI P.K.RAKESH KUMAR
SRI K.S.MIZVER
SRI M.J.KIRANKUMAR
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 LAL BAHADUR SASTRI (LBS) CENTRE FOR SCIENCE &
TECHNOLOGY
(A GOVERNMENT OF KERALA UNDERTAKING) VIKAS BHAVAN,
EXTRA POLICE ROAD, UNIVERSITY OF KERALA SENATE,
HOUSE CAMPUS, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM,PIN - 695033 REPRESENTED BY ITS
SECRETARY.
3 DIRECTOR, LAL BAHADUR SASTRI (LBS) CENTRE FOR
SCIENCE & TECHNOLOGY
(A GOVERNMENT OF KERALA UNDERTAKING) VIKAS BHAVAN,
EXTRA POLICE ROAD, UNIVERSITY OF KERALA SENATE,
HOUSE CAMPUS, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
4 THE PRINCIPAL
LBS COLLEGE OF ENGINEERING, (A GOVERNMENT OF
KERALA UNDERTAKING), POVVAL, MULIYAR P.O,
W.P.(C)No.2366 of 2023
2
KASARAGOD, PIN - 671542
5 BINU K. MANI
INSTRUCTOR GRADE I, MECHANICAL ENGINEERING
DEPARTMENT, LBS COLLEGE OF ENGINEERING, POVVAL,
MULIYAR P.O, KASARAGOD,, PIN - 671542
6 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
( AICTE), NELSON MANDELA MARG. VASANT KUNJ, NEW
DELHI PIN - 110070, REPRESENTED BY ITS CHAIRMAN.
BY ADVS.
SMT.S.L.SHYLAJA, GOVT.PLEADER
SMT.SHAMEENA SALAHUDHEEN
S. P. ARAVINDAKSHAN PILLAY
SRI SAJITH KUMAR V.
SMT.N.SANTHA(S-176)
V.VARGHESE(K/514/1996)
SRI PETER JOSE CHRISTO(K/1216/2004)
SRI S.A.ANAND(K/1216/2006)
MS.K.N.REMYA(K/712/2010)
SMT.L.ANNAPOORNA(K/952/2013)
SRI VISHNU V.K.(K/001396/2018)
MS.ABHIRAMI K. UDAY(K/001426/2018)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 20.3.2024, THE COURT ON 14.05.2024 DELIVERED THE
FOLLOWING:
W.P.(C)No.2366 of 2023
3
T.R. RAVI, J.
--------------------------------------------
W.P.(C)No.2366 of 2023
--------------------------------------------
Dated this the 14thday of May, 2024
JUDGMENT
The petitioner has approached this Court being aggrieved by denial of promotion as Workshop Superintendent. The petitioner was appointed as Tradesman under the 4 th respondent on 26.2.1996 based on his qualification in Diploma in Engineering. He was promoted to higher posts thereafter. In 2011, he passed B.Tech. in Engineering. On 2.2.2016, the 3 rd respondent promoted the petitioner as First Grade Instructor (FGS). The petitioner thereafter passed M.Tech. in Engineering with a First Class. Ext.P1 is the Post Graduate Degree certificate issued by Kannur University on 13.7.2016.
2. The 2nd respondent is a Government of Kerala Undertaking, which has the approval of the 6th respondent AICTE from 1993. Ext.P2 is the order dated 3.7.2022 whereby the approval was extended by the 6 th respondent for the academic year 2022-23. Ext.P3 is a copy of the relevant page of the AICTE Regulations for the appointment of teachers and academic staff issued in 2019. As per clause 6.1 of Ext.P3, the initial recruitment W.P.(C)No.2366 of 2023 4 of a Workshop Superintendent shall be at par with the Assistant Professor and with the qualification prescribed for the Assistant Professor in Mechanical/Production Engineering. As per the clause, the different levels of the post are Workshop Superintendent (entry level), Workshop Superintendent (Senior Scale), Workshop Superintendent (Selection Grade), Associate Professor (Workshop), and Professor (Workshop). It can thus be seen that AICTE treats the post as a teaching post. As per clause 5.1(a), the minimum qualification for direct recruitment as an Assistant Professor is Engineering/Technology is BE/B.Tech./B.S. and M.E./M.Tech/ M.S. or Integrated M.Tech. in relevant branch with first class or equivalent in any one of the degrees. According to the petitioner, he has the requisite qualifications for appointment as Workshop Superintendent. He is aggrieved by the appointment of the 5 th respondent as Workshop Superintendent and contends that the 5th respondent has only Graduation and does not have a Post Graduation. It is submitted that going by the AICTE Regulations, post-graduation is a required qualification. The petitioner submits that as per the Special Rules for the employees of the 2nd respondent, the qualification prescribed for the Workshop Superintendent's post W.P.(C)No.2366 of 2023 5 by promotion is M.Tech. in Mechanical Engineering and 10 years experience in teaching/workshop. For direct recruitment, the qualification prescribed is an M.Tech. in Mechanical Engineering and 5 years experience in teaching/workshop in Government Engineering Colleges/quasi Government Engineering Colleges. The petitioner contends that the qualification prescribed in Ext.P4 is contrary to what has been prescribed by the AICTE and in such circumstances, the AICTE Regulations should prevail. It is hence submitted that the 5th respondent who has only a graduation cannot be appointed to the post of Workshop Superintendent.
3. The counsel for the petitioner referred to Section 10(1)
(i) of the AICTE Act, 1987 which says that it shall be the duty of the Council to take all such steps as it may think fit for ensuring coordinated and integrated development of technical education and maintenance of standards, and, to perform its functions under the Act, the Council may lay down norms and standards for courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment and examinations. It is submitted that AICTE Regulations have been issued in exercise of the power available under Section 10(1)(i) of the AICTE Act.
W.P.(C)No.2366 of 20236
4. The counsel relied on the judgment of a Division Bench of this Court in Suresh v. State of Kerala [2021 (1) KLT 566]. The Division Bench was considering the qualifications required for appointment to the post of Assistant Professors (designated as Associate Professor), Professors, and Principals in Government Engineering Colleges in the State which are borne on the Kerala Technical Education Service and governed by the Special Rules issued for the said service. The question was whether the qualifications prescribed in the Special Rules would prevail over those prescribed by the AICTE in its Regulations. The Division Bench categorically held that there cannot be even an iota of doubt that the rules framed by the State under Article 309 of the Constitution read with the provisions of the Kerala Public Services Act, 1968 will be subject to Regulations framed by the AICTE regarding the qualifications, method of appointment etc. and the Rules framed by the State would, to the extent it is repugnant to the Central Act/Regulations, be void and inoperative. The counsel for the petitioner submits that a different yardstick cannot be applied when it comes to Special Rules issued for the 2nd respondent.
5. The Standing Counsel appearing for respondents 2 to W.P.(C)No.2366 of 2023 7 4 has filed a statement as directed by this Court. It is contended that the post of Workshop Superintendent is a non-teaching post and hence Ext.P4 would apply for appointment to the post of Workshop Superintendent. It is stated that in the case of LBS Engineering Colleges, it has been decided by the Government to follow the AICTE Rules for the teaching staff alone and the Rules issued by the Directorate of Technical Education for the non- teaching staff. Ext.R2(a) produced along with the statement is the Government order in that regard. It is submitted that Ext.P2 extension of approval pertains only to the approval of the courses and is in no way connected with the service conditions of non- teaching staff of the 2nd respondent. Another aspect stated is that as per the Special Rules, Ext.P4, the method of appointment of Workshop Superintendent is by promotion from the post of Instructor Grade-I in Mechanical Engineering and the appointing authority is the Director and the selection is made by the Selection Committee. It is stated that the 5 th respondent is 10 years senior to the petitioner and has been selected on the basis of his qualifications and experience.
6. The counsel for the 6th respondent AICTE has filed a statement stating that the AICTE Regulations 2019 applies to the W.P.(C)No.2366 of 2023 8 2nd respondent Institution under the State Government and any Rules or Regulations contrary to the AICTE Regulations is not sustainable in law. Reliance is placed on the judgment in Suresh (supra). The statement also refers to another decision of the Division Bench of this Court in Haridas v Athira [2021 (1) KLT 546], where again this Court had upheld the AICTE Regulations prescribing the qualifications for direct recruitment to the post of Lecturer and had held that the Rules issued by the State Government in this regard would be inoperative from 1.3.2019., the date of commencement of the AICTE Regulations, 2019.
7. A Counter affidavit and an additional counter affidavit have been filed by the 5th respondent, the selected candidate. It is contended that the AICTE Regulations will not apply and what will be applicable is only Ext.P4 Special Rules as per which he is qualified to be appointed. Reference is made to other institutions where Special Rules have been made applicable. It is also stated that the fact that the Workshop Superintendents in the Engineering Colleges are given the State scale of pay would also show that the post comes within the realm of Ext.P4 Special Rules. The 5th respondent also contends that the post is not a teaching post and hence AICTE Regulations will not be applicable. W.P.(C)No.2366 of 2023 9 The counsel for the 5th respondent also submitted that if the AICTE norms were to be applied, the petitioner may also not be entitled to be appointed to the post.
8. I have considered the contentions raised by the counsel for the petitioner and the respondents.
9. The judgment in Suresh (supra) and Haridas (supra), both rendered by a Division Bench of this Court categorically state the law on the point. The Court has held that the AICTE Act is the piece of legislation which can be traced to Entry 66 of List-I of the 7th Schedule of the Constitution of India and Entry 25 of List-III is expressly made subject to Entry 66 of List-I. After referring to the binding Supreme Court judgments, the Court found that any State legislation which is in conflict with the Central legislation including subordinate legislation made by the Central legislation under Entry 25 of the Concurrent List shall be repugnant to the Central legislation and would be inoperative.
10. The post of Workshop Superintendent is a post that is recognised in the AICTE Regulations and it is treated as a teaching post and the qualifications are also prescribed. When such a requirement is in force, the State and the 2 nd respondent could not have issued any Special Rules that are directly in W.P.(C)No.2366 of 2023 10 conflict with the AICTE Regulations and contend that the post is a non-teaching post and hence the AICTE Regulations will not apply. The dictum laid down by the Division Bench judgments squarely applies to the facts of this case. Admittedly, the 5 th respondent does not have the qualifications required under the AICTE Regulations. The petitioner is hence entitled to succeed in this writ petition.
The writ petition is allowed. Ext.P5 order to the extent it promotes the 5th respondent as Workshop Superintendent is set aside. It is declared that any appointment to the post of Workshop Superintendent by respondents 2 to 4 shall be strictly in accordance with the AICTE Regulations.
Sd/-
T.R. RAVI JUDGE dsn W.P.(C)No.2366 of 2023 11 APPENDIX OF WP(C) 2366/2023 PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF THE CERTIFICATE OF MASTER OF TECHNOLOGY IN ENGINEERING (M.TECH) ISSUED BY KANNUR UNIVERSITY DATED 13-7-
2016 BEARING NO.0115085
Exhibit P2 PHOTOCOPY OF THE ORDER OF EXTENSION OF
APPROVAL FOR THE ACADEMIC YEAR 2022-23
DATED 03-07-2022 ISSUED BY 6TH
RESPONDENT TO 4TH RESPONDENT.
Exhibit P3 PHOTOCOPY OF THE RELEVANT PAGES OF
NOTIFICATION ISSUED BY 6TH RESPONDENT
DATED 01-03- 2019 BEARING F NO. 61-1/
RIFD/7TH CPC /2016-17
Exhibit P4 PHOTOCOPY OF THE RELEVANT PAGES OF
SPECIAL RULES FOR THE EMPLOYEES OF LBS
CENTER FOR SCIENCE & TECHNOLOGY ,2021
SANCTIONED BY THE 1ST RESPONDENT BY
ORDER BEARING GO(MS) NO. 396/2021/HEDN
DATED 24-09-2021.
Exhibit P5 PHOTOCOPY OF THE PROMOTION ORDER BEARING
NO. B8/2481/ 2022 DATED 10-01-2023
ISSUED BY 3RD RESPONDENT TO THE 5TH
RESPONDENT
Exhibit P6 PHOTOCOPY OF THE APPLICATION UNDER RIGHT
TO INFORMATION ACT OF THE APPLICANT
SUBMITTED TO THE PUBLIC INFORMATION
OFFICER UNDER THE 2ND RESPONDENT DATED
17-01-2023.
EXHIBIT P7 PHOTOCOPY OF THE RELEVANT PAGES OF THE
NOTIFICATION BEARING G.O. (P) NO.
366/2010/H.EDN. DATED 08-11-2010
EXHIBIT P8 - PHOTOCOPY OF THE RELEVANT PAGES OF THE
NOTIFICATION BEARING G.O.(MS) NO. 284
DATED 02-09-1967
RESPONDENTS' EXHIBITS
EXHIBIT R 2(A) A TRUE COPY OF THE RELEVANT PAGES OF
GO(RT) NO. 473/2005/H.EDN DATED
19.3.2005
EXHIBIT R 2(B) A TRUE COPY OF THE RELEVANT PAGE OF THE
W.P.(C)No.2366 of 2023
12
AMENDED SPECIAL RULE FOR LBS CENTRE 2021
RESPONDENT'S EXHIBITS
EXHIBIT R5(A) TRUE COPY OF THE RELEVANT PAGES OF THE
SREE CHITRA TIRUNAL COLLEGE OF
ENGINEERING SERVICE RULES, 2017.
EXHIBIT R5(B) TRUE COPY OF THE RELEVANT PAGES OF THE
INSTITUTE OF HUMAN RESOURCES DEVELOPMENT SERVICE SPECIAL RULES, 2014.
EXHIBIT R5(C) TRUE COPY OF THE RELEVANT PAGES OF THE RULES AND REGULATIONS AND POLICIES OF NSS COLLEGE OF ENGINEERING, PALAKKAD, DOWNLOADED FROM THE WEBSITE OF THE COLLEGE.
EXHIBIT R5(D) TRUE COPY OF THE RELEVANT PAGES OF THE
RULES, REGULATIONS AND POLICIES OF TKM
COLLEGE OF ENGINEERING, KOLLAM,
DOWNLOADED FROM THE WEBSITE OF THE
COLLEGE.
EXHIBIT R5(E) TRUE COPY OF THE RELEVANT PAGES OF RULES
AND REGULATIONS OF APPLICABLE TO MAR
ATHANASIUS COLLEGE OF ENGINEERING
DOWNLOADED FROM THE WEBSITE OF THE
COLLEGE.
EXHIBIT R5(F) TRUE COPY OF THE RELEVANT PAGES OF THE
2019 PAY REVISION ORDER.
EXHIBIT R2(C) TRUE COPY OF THE G.O (MS) 99/2021/HEDN
DATED 16- 02-2021