Delhi High Court
Government Of Nct Of Delhi And Others vs K.K. Prasad on 11 September, 2013
Author: S.Ravindra Bhat
Bench: S. Ravindra Bhat, Najmi Waziri
$~2&3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% DECIDED ON: 11.09.2013
+ W.P.(C) 5554/2013
GOVERNMENT OF NCT OF DELHI AND OTHERS ..... Petitioners
versus
K.K. PRASAD ..... Respondent
W.P.(C) 5681/2013 GOVERNMENT OF NCT DELHI AND OTHERS ..... Petitioners versus N.C. GOEL ..... Respondent Appearance: Mr. V.K. Tandon, Advocate for petitioners in both cases.
Mr. Sourabh Ahuja, Advocate for respondents in both cases.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT)
1. In these petitions, the Government of NCT of Delhi has claimed to be aggrieved by a common order of the Central Administrative Tribunal (C.A.T.) dated 02.04.2013. By the impugned order, the C.A.T. allowed the two applications preferred by the respondents in each of the present petitions.
2. The respondents were recruited as Lecturers by the Government WP (C) 5554 & 5681/2013 Page 1 of NCT of Delhi in its Department of Training and Technical Education to teach in the vocational and other non-degree technical institutions. One of them Shri N.C. Goel is a Post Graduate degree holder in Physics and Shri K.K. Prasad is holding an M.Sc. degree in Mathematics. It is also a common ground that both of them, after putting in requisite service, were granted Senior Scale; Shri K.K. Prasad was granted the said scale on 16.01.2001 and Shri N.C. Goel on 30.06.2004. They sought for grant of Selection Grade Lecturers scale. At this stage, the Government of NCT of Delhi sought for clarification from AICTE. It is mentioned herein that the AICTE norms are embodied in its Notification of 30.12.1999 with regard to the grant of Senior Grade and Selection Grade for such posts. The clarification sought by the Government of NCT of Delhi was whether the posts of Lecturer (Selection Grade) in its Technical Institutions had to be filled amongst those who hold post graduate degree in engineering subjects.
3. The relevant part of the Notification dated 30.12.1999 reads as follows: -
"8.3 Lecturer (Selection Grade):
A Senior Lecturer/Lecturer (Senior Scale) who has a Master's degree and 5 years' experience as Senior Lecturer or Lecturer (Senior Scale), and has consistently satisfactory performance appraisal reports will be eligible to be placed as Lecturer (Selection Grade), subject to the recommendation of the Selection Committee."
After considering the record including the reply of the AICTE, the C.A.T. interpreted Clause 8.3 and held that the rules did not mention WP (C) 5554 & 5681/2013 Page 2 Masters in Engineering as a requisite qualification for the grant of Selection Grade to the post of Lecturer and consequently the respondents/applicants were entitled to the relief sought. The operative portion of the C.A.T.'s order dated 09.04.2013 reads as follows: -
"7. We have seen Clause 8.3 of the Notification dealing with the clarifications for selection grade of lecturers. It unambiguously mentions Master's Degree as required qualification. There is no mention of Master's in engineering, science, arts or humanities in the said provision. A lecturer in Science or humanities will obviously have degree in his own subject. If the intention of the Notification was not to treat this degree sufficient for grant of selection grade then the same should have been provided in Clause-8.3. Since no such provision is there, it is reasonable to assume that Master's degree in discipline the lecturer is working in would be sufficient educational qualification for grant of selection grade."
Thereafter, the C.A.T. took into consideration the document dated 13.12.2010 filed by the applicants pointing out previous instances where other Lecturers such as Shri D.V. Chaure and Shri S.G. Warker who held qualifications in Physics and Applied Chemistry respectively were granted Selection Grade Lecturer posts. The C.A.T., therefore, concluded as follows: -
"9. On the basis of the above, we come to the conclusion that the respondents have clearly erred in not considering the case of the applicant for grant of selection grade from their respective dates of eligibility. The O.A. succeeds and we direct the respondents to consider the applicant for grant of selection grade from the date of eligibility in terms of AICTE Notification dated 30.12.1999 taking their Master's degree in their WP (C) 5554 & 5681/2013 Page 3 respective subjects to be sufficient educational qualification for the grant of this grade. This process will be completed within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs."
4. Mr. V.K. Tandon, learned counsel for the Government of NCT of Delhi relies upon the clarification issued by the AICTE dated 18.10.2012. He submits that a degree in any field other than engineering would not be equivalent to degree in engineering and technology except where specified by the statutory authority in the cases in reference. He submits that in view of this specific clarification, the applicants' claim could not have been granted by the C.A.T. which fell in error.
5. This Court has considered the submissions. A bare reading of Clause 8.3 - which has been extracted above - itself manifests that what the rule making authorities required of the candidate to possess was mere Master's degree in the relevant discipline. The Government of NCT of Delhi does not dispute that Lecturers in subjects or disciplines other than engineering topics are also deployed by it in the technical institutions which are the subject matter of these proceedings. Such being the case, the argument made today is rather strange if not entirely misconceived. The Government of NCT of Delhi now seems to be suggesting that even though for initial appointment as Lecturer in discipline of Math or Chemistry as the case may be and further grant of Lecturer in Senior Scale, the Post Graduation in the relevant discipline is sufficient, yet for some strange reasons, the very same incumbents have to necessarily possess WP (C) 5554 & 5681/2013 Page 4 some engineering post graduate degree in order to teach some general subjects (i.e. Physics, Maths, Chemistry etc.). The sheer untenability of such an argument has to be stated to be rejected. As observed earlier, paragraph 8.3 is plain enough. The Court discern no merit in the clarification sought. All that the AICTE stated was that Master's degree in any field other than engineering cannot be treated as equivalent to engineering degree. That clarification, in the opinion of this Court, would not come in the way of the respondents/applicants' legitimate and justified claim for grant of Lecturer Selection Grade after the completion of five years' experience.
6. In view of the above reasoning, the Court finds no infirmity in the impugned judgment and order. The W.P. (C) 5554/2013 and W.P.(C) 5681/2013 are, therefore, dismissed.
S. RAVINDRA BHAT (JUDGE) NAJMI WAZIRI (JUDGE) SEPTEMBER 11, 2013 /vks/ WP (C) 5554 & 5681/2013 Page 5