Delhi High Court - Orders
Ashok Kumar vs Govt Of Nct Of Delhi And Ors on 20 January, 2025
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~38 to 40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12189/2021
ASHOK KUMAR .....Petitioner
Through: Mr. Sourabh Ahuja, Adv.
versus
GOVT OF NCT OF DELHI AND ORS. .....Respondents
Through: Mrs. Avnish Ahlawat, ASC
with Mr. Nitesh Kumar Singh, Advs.
Mr. Yeeshu Jain, ASC with Ms. Jyoti Singh,
Adv.
Mr. B.S Rawat, CI, DTTE for R-1,2,4 to 6
+ W.P.(C) 12565/2021
SHASHI SAINI ....Petitioner
Through: Mr. Sourabh Ahuja, Adv.
versus
GNCT OF DELHI AND ORS .....Respondents
Through: Mrs. Avnish Ahlawat, ASC
with Mr. Nitesh Kumar Singh, Advs.
Mr. B.S Rawat, CI, DTTE for R-1,2,4 to 6
+ W.P.(C) 13036/2021
SUSHMITA BISWAS .....Petitioner
Through: Mr. Sourabh Ahuja, Adv.
versus
GNCT OF DELHI & ORS ....Respondents
Through: Mrs. Avnish Ahlawat, ASC
with Mr. Nitesh Kumar Singh, Advs.
Mr. B.S Rawat, CI, DTTE for R-1,2,4 to 6
W.P.(C) 12189/2021 & other connected matters Page 1 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/02/2025 at 22:03:33
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER
% 20.01.2025
1. The issue in controversy in this case relates to the entitlement of the petitioners to be appointed as Lecturers (Selection Grade).
2. Para 6 of the judgment of the Central Administrative Tribunal1, against which the present writ petitions have been filed, identifies the relevant clauses of the notification dated 30 December 1999 issued by All India Council for Technical Education2 which governs the qualification for the post of Lecturers (Selection Grade) thus:
"6. The applicants were selected and appointed as Lecturers in the subjects like English, Hindi, to work in the Government Polytechnics. The Council. happens to be the controlling authority of all the Polytechnics and Institutions in the Technical Education. With a view to strengthen the teaching faculty and to provide better conditions of service to the Teachers, the Council issued guidelines on 24.02.2010. Two stages for upward moment viz., (a) from Lecturer to Senior Lecturer; and (b) from Senior Lecturer to Selection Grade, are provided for. The applicants were extended the benefit of STS. The dispute is about the denial of benefit of Selection Grade. Para 8.3 of the -guidelines of the year 1999, reads as:
"8.3 Lecturer (Selection Grade):
A Senior Lecturer/Lecturer (Senior Scale) who has a Master's Degree of 5 years experience as senior Lecturer of 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."
1 "the Tribunal", hereinafter 2 AICTE W.P.(C) 12189/2021 & other connected matters Page 2 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/02/2025 at 22:03:33
3. We may note that the respondents have also admitted the fact, in their counter affidavit filed before the Tribunal, that it is the aforesaid paragraph which would govern the issue of entitlement of the petitioners to be appointed Lecturers (Selection Grade) in WP (C) 13036/20213.
4. In the said counter affidavit, the respondents have extracted the aforesaid qualification as contained in para 8.3 of the AICTE notification dated 30 December 1999 and is to be found at e-page 352 of the PDF.
5. Further on, in the said counter affidavit, in para 3, it is candidly acknowledged thus:
"That Department of Training & Technical Education(DTTE) GNCTD is mandated under law to adopt the AICTE guidelines 1999 and thus the same was done vide order dated 12.12.2003 for implementation"
6. As such, the fact that the 1999 notification would apply is not in dispute.
7. The respondents appears to have proceeded on the basis of an "clarification" issued by the AICTE on 18 October 2012, as is noted in para 6 of the counter affidavit filed by the respondents before the Tribunal, which reads thus:
"6. That AICTE issued clarification to GNCTD vide letter dated 18-10-2012. The relevant Paras are as under:3
Sushmita Biswas v Govt of NCT of Delhi W.P.(C) 12189/2021 & other connected matters Page 3 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/02/2025 at 22:03:33
7. "point 'a' clarifying that:
"...Lecturer with second class at UG and PG level are not eligible for the grant of Selection grade".
Further clarifying that the candidate should posses First Class at UG or PG level for the grant of Selection Grade in Engineering. Therefore, Lecturers with 2nd Class at UG and 3rd Class at PG are not eligible for selection grade.
Therefore, reading the clarification dated 18/10/2012 read with Para 5.3 of and 16(a) of AICTE Notification 1999 clearly shows that Petitioner must have 1st class at UG or PG level to set the AICTE scales."
8. The impugned judgment of the Tribunal refers to a further clarification dated 4 January 2016 issued by the AICTE which, to the extent relevant, stands reproduced as under, in para 7 of the impugned judgment:
Sl. Issue Clarification
No.
43 Applicability of Master's The qualification
degree as laid down in' prescribed in Para 8.3 of
AICTE notification 1999, AICTE notification 1999
Para 8.3 Lecturer (Diploma), does, not
(Selection Grade) to apply to the Humanities
Humanities & Sciences & Sciences for upward
for up-gradation to movement of Lecturer
Lecturer (Selection (Senior Scale) to Lecturer
Grade). (Selection Grade) under
CAS. M. Phil/Ph. D is
essential qualification for
upward movement to
Lecturer (Selection
Grade) in Humanities &
Sciences.
9. We have queried of Mr. Singh as to how clarification can introduce restrictions which are not contained in the original notification. The notification of 30 December 1999 merely requires W.P.(C) 12189/2021 & other connected matters Page 4 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/02/2025 at 22:03:33 the candidate who aspires to the post of Lecturer Selection Grade to have (i) a Master's degree, (ii) five years' experience as senior Lecturer of Lecturer (Senior Scale) and (iii) consistently satisfactory performance appraisal reports.
10. It is nobody's case that the petitioners' performance appraisal reports were not satisfactory. Insofar as the remaining two qualifications are concerned, the petitioners possess them. There is requirement in para 8.3 of the notification dated 30 December 1999, stipulating that the Master's degree must be in first class or in any particular subject or discipline.
11. In these circumstances, the respondents would have to explain how they could rely on a clarification which introduced these considerations not to be found in the original notification dated 30 December 1999, which, even as per the counter affidavit filed by them, govern the case.
12. Mr. Singh seeks a day's time to examine them.
13. Re-notify on 22 January 2025 to be taken as Item No.1 in the Supplementary List.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
JANUARY 20, 2025 dsn Click here to check corrigendum, if any W.P.(C) 12189/2021 & other connected matters Page 5 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/02/2025 at 22:03:33