Central Administrative Tribunal - Delhi
Sanjura Ho vs Govt. Of Nctd on 28 July, 2017
1 OA 4478/15
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
O.A.NO.4478 OF 2015
New Delhi, this the 28th day of July, 2017
CORAM:
HON'BLE SHRI SHEKHAR AGARWAL, ADMINISTRATIVE MEMBER
AND
HON'BLE SHRI RAJ VIR SHARMA, JUDICIAL MEMBER
................
1. Sh.Sanjura Ho,
Aged about 56 years,
s/o Sh.Dubulia Ho,
R/o C-25/G-2, Dilshad Colony,
Delhi 110095
(Working as Lecturer (Senior Scale)
2, Sh.Deepankar Mishra,
Aged about 47 years,
S/o late Bibhuti Ballav Mishra,
R/o Qtr.No.E-1, Old Campus,
G.B.Pant Campus,
Okhla, New Delhi.
(Working as Lecturer (Sr.Scale)
3. Sh.B.S.Raghav,
Aged about 69 years,
S/o late Naubat Singh,
R/o L-436, Sarita Vihar,
New Delhi 110076
(Retired as Lecturer (Sr.Scale)
4. Sh.Sambit Kumar Mistri,
Aged about 45 years,
S/o late Sanat Kumar Mistri,
R/o Qtr.No.4, Type IV,
Ambedkar Polytechnic
Staff Quarters,
Shakarpur,
Delhi 110092
(Working as Lecturer (Sr.Scale)
5. Sh.Bhupendra Kumar,
Aged about 42 years,
S/o Sh.Pyare Lal,
R/o Qtr.No.30/III,
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2 OA 4478/15
MBIT Residential Campus,
Maharani Bagh, New Delhi
(Working as Lecturer (Sr.Scale)
6. Ms.Sushama Rani,
Aged about 44 years,
W/o Sh.J.P.Bindal,
R/o AO-85, Shalimar Bagh,
Delhi 110088
(Working as Lecturer (Sr.Scale)
7. Sh.Sachidananda Mallick,
Aged about 44 years,
S/o late Jyoti Ram Mallick,
R/o E-24, ITI Pusa Campus,
Pusa, New Delhi 110012
(Working as Lecturer (Sr.Scale) .......... Applicants
(By Advocate: Shri S.K.Gupta)
Vs.
Govt. of NCT of Delhi through
1. Chief Secretary,
Delhi Secretariat,
Players Building,
I.P.Estate, New Delhi.
2. Secretary (Technical Education),
Directorate of Technical Education,
Sham Nath Marg,
Old Secretariat, Delhi.
3. The Director,
Directorate of Technical Education,
Muni Maya Ram Marg,
Pitampura, Delhi.
4. Joint Director (Technical),
C/o Principal, Kasturba Institute of Technology,
Muni Maya Ram Marg,
Pitampura, Delhi .......... Respondents
5. All India Council for Technical Education,
Through its Secretary,
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3 OA 4478/15
7th Floor, Chandra Lok Building,
Janpath, New Delhi .......... Proforma Respondent
(By Advocates: Shri N.K.Singh for Sh.Avnish Ahlawat for R-1 to 4; and
Shri G.Singh for Shri Anil Soni for R-5)
.........
ORDER
Per Raj Vir Sharma, Member(J):
We have carefully perused the records, and have heard Shri S.K.Gupta, the learned counsel appearing for the applicants, and S/Shri N.K.Singh and Shri G.Singh, the learned counsel appearing for the respondents.
2. Applicant nos. 1, 2 and 4 to 7 are presently working as Lecturers (Senior Scale) in different Polytechnic/Diploma Level Technical Institutions under respondent nos. 1 to 4. Applicant no.3 has retired from service while serving as Lecturer (Senior Scale) in Diploma Level Technical Institution under respondent nos. 1 to 4.
2.1 Applicant no.1 Sh.Sanjura Ho was granted the benefit of Lecturer(Senior Scale) w.e.f. 28.2.2002. Applicant no.2 Sh.Deepankar Mishra, who joined as Lecturer on 31.5.1996, was granted the benefit of Lecturer (Senior Scale) w.e.f. 31.5.2002. Applicant no.3 Sh.B.S.Raghav, who joined as Lecturer on 4.4.1997, was granted the benefit of Lecturer (Senior Scale) w.e.f. 4.4.2003. Applicant no.4 Sh.Sambit Kumar Mistra, who joined as Lecturer on 21.4.1998, was granted the benefit of Lecturer (Senior Scale) on 21.4.2004. Applicant no.5 Sh.Bhupendra Kumar, who joined as Lecturer on 28.8.1998, was granted the benefit of Lecturer(Senior Page 3 of 18 4 OA 4478/15 Scale) w.e.f. 28.8.2004. Applicant no.6, who joined as Lecturer on 10.8.1998,was granted the benefit of Lecturer (Senior Scale) w.e.f. 10.8.2004. Applicant no.7 Sh.Sachidananda Mallick, who joined as Lecturer on 16.6.1999, was granted the benefit of Lecturer (Senior Scale) w.e.f. 16.6.2005. All the applicants possessed the qualification of B.E./B.Tech. 2.2 It is the case of the applicants that as per (i) letter dated 9.10.1998 issued by the Government of India, Ministry of HRD (Department of Education); (ii) recommendations communicated by the All India Council for Technical Education (AICTE), vide its letter dated 30.12.1999;
(iii) clarifications issued by the AICTE vide its letter dated 16.6.2009; (iv) notification dated 5.3.2010 issued by the AICTE; and (v) the office order dated 29.7.2010 issued by respondent no.2, they are entitled to be placed as Lecturers (Selection Grade) on completion of 5 years of service as Lecturers (Senior Scale).
2.3 It is stated by the applicants that the respondents included their names in the list of Lecturers (Engineering Disciplines) who are not having M.E./M.Tech qualification, and placed the same before the Screening Committee for consideration of the cases of the applicants to be placed as Lecturers(Selection Grade) during 2010 to 2015. Purportedly on the ground of their not possessing M.E./M.Tech qualification, they were not recommended by the Screening Committee and were not placed as Lecturers(Selection Grade) with effect from the date(s) when they became eligible to be considered and placed as Lecturers(Selection Grade), although Page 4 of 18 5 OA 4478/15 several persons, junior to them, have been placed as Lecturers(Selection Grade). In support of their claim, the applicants have relied on the decision of the Hon'ble High Court of Delhi in Government of NCT of Delhi and others Vs. K.K.Prasad, W.P ( C ) Nos.5554 and 5681 of 2013, decided on 11.9.2013, which upheld the Tribunal's order dated 2.4.2013 passed in OA Nos.1622 and 1827 of 2012.
2.3 Thus, being aggrieved by the action of the respondents in not granting them the placement as Lecturers (Selection Grade) from due dates on the ground of their not possessing M.E./M.Tech qualification, the applicants have filed the present O.A. seeking the following reliefs:
"(i) declare the action of respondents in insisting upon the extra qualification for the purposes of grant of selection grade as illegal and arbitrary and the action of the respondents may kindly be set aside;
(ii) direct the respondents to consider grant of selection grade in respect of each of the applicant without insisting upon extra qualification in terms of Govt. of India, Ministry of HRD order No.F.37-104/95-TS.II dated 09.10.1998 and AICTE clarification No.F.No.FD/PSSC/Clarifi/2002/1 dated 03.01.2003 and grant the benefit of selection grade w.e.f. the due date to each of the applicant with all consequential benefits like difference of pay, salary etc;
(iii) further direct the respondents to allow the benefit of interest at the rate of 12% p.a. on the arrears of pay to each of the applicant;
(iv) May also pass any further order(s), direction(s) as be deemed just and proper to meet the ends of justice."
3. Resisting the claim of the applicants, respondent nos. 1 to 4 have filed counter reply stating, inter alia, that the letter dated 9.10.1998 issued by the Government of India, Ministry of HRD (Department of Page 5 of 18 6 OA 4478/15 Education) is not applicable to the cases of the applicants. The relaxation granted in paragraph 5.3 of the notification dated 30.12.1999 issued by the AICTE was not for the grant of Selection Grade. The Selection Grade due before 5.3.2010 is covered by the notification dated 30.12.1999 issued by the AICTE. The applicants not having possessed the qualification of M.E./M.Tech are ineligible to be considered for being granted the Selection Grade. The decision of the Hon'ble High Court of Delhi in W.P. (C) No. 5554 and 5681 of 2013 was in respect of Lecturers in Humanities and Science disciplines and, therefore, is not applicable to the cases of the applicants who are from Engineering/Technology Stream. As the juniors of the applicants possessed M.E/M.Tech qualification and fulfilled all other eligibility criteria, they were granted Selection Grade on the basis of the recommendation of the Screening Committee. Therefore, the applicants cannot be said to have any grievance on that count.
4. The respondent no.5-AICTE has also resisted the claim of the applicants stating, inter alia, that the applicants not having possessed the qualification of M.E./M.Tech, are ineligible to be considered for being placed as Lecturers(Selection Grade).
5. Shri S.K.Gupta, the learned counsel appearing for the applicant, made the following submissions:
(1) In paragraph 1(iii)(a) of the scheme/guidelines, annexed to the AICTE's letter dated 9.10.1998, it has been clearly stipulated that the minimum length of service for eligibility to move from Lecturer (Senior Page 6 of 18 7 OA 4478/15 Scale) to the grade of Lecturer (Selection Grade) shall be uniformly five years. As per paragraph 5.0.2(i) & (ii) of the notification appended to the AICTE's letter dated 30.12.1999, the revised qualifications and experience were required only for fresh appointees to that post and was not to be insisted for existing incumbents working on those positions. When the notification appended to the AICTE's letter dated 30.12.1999 was issued in line with the AICTE's letter dated 9.10.1998, when in the AICTE's letter dated 9.10.1998 it was laid down that the minimum length of service for eligibility to move from Lecturer (Senior Scale) to the grade of Lecturer (Selection Grade) shall be uniformly five years, and further when the AICTE in its letter dated 3.1.2003 (vide paragraph 11) stipulated that individual States could decide on its own to implement Career Advance Scheme in Diploma Level Technical Institutes in a manner similar to that for Degree Level Technical Institutes, the applicants were fully eligible to be considered for being placed as Lecturers(Selection Grade) on completion of five years of service as Lecturers(Senior Scale) and, therefore, respondent nos. 1 to 4 acted illegally and arbitrarily in considering the applicants as ineligible for being placed as Lecturers (Selection Grade) on the ground of their not having possessed M.E./M.Tech qualification.
(2) It was also submitted by Shri S.K.Gupta that in terms of the AICTE's notification dated 5.3.2010 [vide paragraph (ix)], the Lecturers of diploma level technical institutions were eligible to move up to the AGP of Rs.8000/- on completion of five years of service with the AGP of Rs.7000/-.Page 7 of 18 8 OA 4478/15
The guidelines/recommendations contained in the AICTE's notification dated 5.3.2010 were implemented by the respondent-Department, vide office order dated 29.7.2010. Therefore, the action of the respondent-Department in treating the applicants as ineligible for being placed as Lecturers (Selection Grade) on the ground of their not having possessed M.E./M.Tech. qualification is clearly against the AICTE's notification dated 5.3.2010 and the respondent-Department's office order dated 29.7.2010(ibid). (3) Shri S.K.Gupta, the learned counsel appearing for the applicants, also submitted that in terms of the Government of NCT of Delhi's office order dated 29.7.2016, the applicants having completed five years of service as Lecturers (Senior Scale) were eligible to move up to the next higher grade of Rs.8000/- as Lecturer (Selection Grade). It has nowhere been stipulated in the office order dated 29.7.2016(ibid) that for moving to the next higher grade as Lecturer (Selection Grade), a Lecturer (Senior Scale) is required to possess the M.E./M.Tech qualification.
6. Per contra, the learned counsel appearing for the respondents relied on the notifications/clarifications issued by the AICTE on 30.12.1999, 10.9.2003, 5.3.2010 and 18.10.2012, to contend that the applicants, who have not possessed the M.E./M.Tech qualification, are ineligible to be considered for being placed as Lecturers (Selection Grade). In support of their submission, the learned counsel placed reliance on the decision of the Hon'ble Gauhati High Court in the case of Sri Bhabesh Goswami and Page 8 of 18 9 OA 4478/15 others, etc. Vs. The State of Assam and others, etc., W.P. No.578 of 2013 and connected writ petitions.
7. After having given our thoughtful consideration to the rival contentions, we have found no substance in the contentions of the applicants.
8. The AICTE's notification dated 9.10.1998 and the clarification dated 3.1.2003 relate to the pay scales and service conditions for Teachers of Degree Level Technical Institutions. Therefore, the stipulation contained in paragraph 1(iii)(a) of the scheme appended to the AICTE's notification dated 9.10.1998 that the minimum length of service for eligibility to move from Lecturer (Senior Scale) to the grade of Lecturer (Selection Grade) shall be uniformly five years is not applicable to the case of the Lecturers (Senior Scale) in the Polytechnic/Diploma level institutions. Although the clarification dated 3.1.2003 issued by the AICTE stipulated that individual States could decide on its own to implement Career Advancement Scheme in Diploma Level Technical Institutions in a manner similar to that for Degree Level Technical Institutions, yet the applicants or the Lecturers (Senior Scale) working in Diploma Level Technical Institutions cannot claim their placement as Lecturers (Selection Grade) solely on the basis of the AICTE's clarification dated 3.1.2003(ibid) in the absence of clear decision taken by the concerned State Government to implement the Career Advancement Scheme for Diploma Level Technical Institutions in a manner similar to that for Degree Level Institutions.
Page 9 of 18 10 OA 4478/15
9. The notification/scheme appended to the AICTE's letter dated 30.12.1999 prescribed the revision of pay scales and associated terms and conditions of service of teachers, etc., for Diploma Level Technical Institutions, the relevant part of which is reproduced below:
"3.0 Cadre Structure:
For each Diploma Level Institution there shall be one post of Director/Principal. In addition, each Department shall have one post of Head of Department. The other Cadres shall be as given in the Table 3.1.
Table 3.1 CADRE STRUCTURE OF DIPLOMA LEVEL INSTITUTIONS Level Cadre I Lecturer II Senior Lecturer The ratio of Senior Lecturers to Lecturers shall be 1:3 The required total strength of teachers in the institutions including Heads of Departments will be determined by the Staff/Student ratio as per AICTE norms.
In addition to the Cadre structure given in Table 3:1, the Career Advancement Scheme shall be provided for the following teaching positions, but within the overall sanctioned strength of each Department.
i) Lecturer (Senior Scale)
ii) Lecturer (Selection Grade)
4.0 PAY SCALES
The revised pay-scales for teachers for Diploma level technical institutions are given in Tables (Appendix A-1 and 2) 5.0 QUALIFICATIONS
1. The prescribed minimum qualifications and experience requirements for various teaching posts in diploma level technical institutions are given in Appendix B.
2. Where qualifications and experience prescribed for a post in this pay revision are higher than the qualifications and experience prescribed by AICTE for that post prior to this revision.
(i) The revised qualifications and experience will be required only for fresh appointees to that post and will not be insisted on for existing incumbents working on those positions.
(ii) For open selection to a higher cadre position through advertisement internal candidates Page 10 of 18 11 OA 4478/15 presently working in a lower position will be exempted from the prescribed higher qualification and experience to the extent that they will be required to possess only the qualifications and experience prescribed by AICTE prior to this pay revision. This relaxation will be available only for a period of 5 years from the date of issue of this notification. Thereafter, internal candidates must also possess the qualifications and experience prescribed in this notification.
3. Teachers already in service prior to January 1,1996 and who at the time of their recruitment possessed only a second class in their degree at Bachelor's or Master's level l(but met all the qualification requirements prescribed by AICTE at the time of their recruitment) shall be exempted from the requirement of First Class for the Degree they had at the time of their recruitment. 6.0 RECRUITMENT Recruitment to all cadre posts shall be strictly based on merit by open selection through open advertisement at national level.
xxx xxx xxx 8.0 CAREER ADVANCEMENT 8.1 General
(a) Career Advancement provided for movement of
(i) Lecturer to Lecturer (Senior Scale)
(ii) Senior Lecturer/Lecturer (Senior Scale) to Lecturer (Selection Grade)
(b) For promotion under Career Advancement Scheme
(i) The candidate must have consistently satisfactory performance appraisal reports.
(ii) Assessment and selection would be made by a selection committee, as required for normal selection by respective institution.
(iii) The prescribed teaching/contact hours of a teacher selected/promoted under the Career Advancement Scheme shall remain the same as that of the substantive post he/she is occupying.
AICTE would, in due course, specify the guidelines for the selection process and the composition of the Selection Committee for promotion under Career Advancement Scheme. Until the AICTE Scheme is announced Selection Committees same as prescribed for direct recruitment to the corresponding posts may be used for such promotions.
Page 11 of 18 12 OA 4478/15 8.2 Lecturer (Senior Scale) A Lecturer will be eligible for placement as Lecturer (Senior Scale) through a process of selection if he/she has:
(i) Completed 6 years of service after regular appointment as a Lecturer with relaxation of 2 years for those with Ph.D and one year for those with M.Phil./M.E/M.Tech.
(ii) Participated in the orientation course/induction training and one refresher course or industrial training of aggregate duration of 8 weeks, or has undertaken other appropriate continuing education or training programmes of comparable quality and duration as may be specified or approved by AICTE. Those with Ph.D. degree would be exempted from these course/training requirements.
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.
xxx xxx xxx
APPENDIX-B
QUALIFICATIONS & EXPERIENCE FOR THE
TECHNICAL POSTS IN DIPLOMA LEVEL
TECHNICAL INSTITUTIONS (ENGINEERING/
TECHNOLOGY PROGRAMMES)
Sl.No.Cadre Qualification Experience
1. Lecturer First Class Bachelor's No requirement
Degree in appropriate
Branch of Engineering/
Technology
OR
First Class Master's
Degree in appropriate
For teaching posts in
Humanities and Sciences.
2. Senior First Class Bachelor's 5 Years experience
Lecturer degree in appropriate in teaching/
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Branch of Engineering/ industry/research
Technology at the level of
OR Lecturer or
First Class Master's equivalent.
Degree in appropriate
Branch of Humanities
and Sciences
3. Head of Master's Degree in 5 years experience
Department appropriate branch in teaching/
of Engineering/ industry/research
Technology with at the level of
First Class at Lecturer or
Master's or equivalent.
Bachelor's level.
OR
Ph.D. with First
Class Master's
Degree in
Appropriate
Branch of
Humanities &
Sciences.
NOTE: Candidates from
Industry/profession with
A Bachelor's Degree
In appropriate branch
Of Engineering/Technology
(Master's Degree in the case
of Humanities & Sciences)
And with recognized
Professional work equivalent
To Master's degree in the case
Of Engineering/Technology
& Ph.D.degree in the case
of Humanities & Sciences
As the case may be, & 5 years
Experience will also be
eligible for the posts of Head
of Department.
xxx xxx xxx
An analysis of the above provisions will go to show that a diploma level institution will have one post of Director/Principal and each of the Page 13 of 18 14 OA 4478/15 Departments shall have one post of Head of the Department. Each of the Departments will have cadres of Senior Lecturer and Lecturer at 1:3 ratio. In addition, Career Advancement Scheme for Lecturers envisaged Lecturer (Senior Scale) and Lecturer (Selection Grade) within the overall sanctioned strength of each Department. Clause 5.0 deals with qualifications and Clause 5.0.1 prescribes that minimum qualification and experience required for various teaching posts in diploma level institutions will be as per Appendix- B.
10. Clause 5.0.2(i) makes it very clear that the revised qualifications and experience will be required only for fresh appointees to the post and will not be insisted upon the existing incumbents working on those positions. Clause 5.0.2(ii) provides that there will be exemption from the prescribed higher qualification and experience to internal candidates working in a lower position to the extent that they would be required to possess only the qualifications and experience prescribed by AICTE prior to the pay revision in case of open selection to a higher cadre position through advertisement making it also very clear that the relaxation as aforesaid would be available for a period of five years from the date of issue of the notification and, after five years, internal candidates must possess qualifications and experience prescribed in the notification dated 30.12.1999. It also made clear in explicit terms in Clause 5.0.3 that the teachers who were already in service prior to January 1, 1996 and who, at the time of their recruitment, possessed only a Second Class in their Degree Page 14 of 18 15 OA 4478/15 or Masters level but met all the qualifications/requirements prescribed by AICTE at the time of their recruitment, shall be exempted from the requirement of First Class for the Degree they had at the time of their recruitment.
11. Appendix-B provides that for the post of Lecturer, qualification prescribed is First Class Bachelor's Degree in appropriate branch of engineering/technology or First Class Master's Degree in appropriate branch for teaching posts in Humanities and Sciences. For the post of Lecturer, there is no requirement of experience. For Senior Lecturer, qualification prescribed is First Class Bachelor's Degree in appropriate branch of engineering/technology, or, First Class Master's Degree in appropriate branch of Humanities and Sciences with five years of experience in teaching/industry/research in the level of Lecturer or equivalent.
12. Clause 8.0 deals with Career Advancement and Clause 8.1(a) stipulates that career advancement is provided for movement of Lecturer to Lecturer (Senior Scale) and (ii) Senior Lecturer/Lecturer (Senior Scale) to Lecturer (Selection Grade). Clause 8.2 provides, amongst others, that a Lecturer will be eligible for placement as Lecturer (Senior Scale), through a process of selection if he/she has six years of service after regular appointment as Lecturer, with relaxation of two years for those with Ph.D. and one year for those with M. Phil/M.E./M. Tech. Clause 8.3 provides that a Senior Lecturer/Lecturer (Senior Scale) who has a Master's Degree and five years experience as Senior Lecturer or Lecturer (Senior Scale) and has Page 15 of 18 16 OA 4478/15 consistently satisfactory performance appraisal reports would be eligible to be placed as Lecturer (Selection Grade) subject to the recommendation of the selection committee.
13. The recommendations regarding the pay scales and other service conditions of the teachers and other eligible staff of diploma level technical institutions, as conveyed by the AICTE, vide its notification dated 5.3.2010, were accepted by the Government of NCT of Delhi, vide its office order dated 29.7.2010. In clause (ix) of paragraph 12.1 of the office order dated 29.7.2010(ibid), it has been stipulated that "lecturers with completed service of 5 years with the AGP of Rs.7000/- shall be eligible, subject to other requirements laid down by the All India Council for Technical Education/State Government, to move up to the AGP of Rs.8000/-". Thus, it is clear that a Lecturer (Senior Scale) is not entitled to be considered for placement as Lecturer (Selection Grade) solely on the basis of his/her having completed five years of service as Lecturer (Senior Scale), if he/she does not fulfill the other requirements laid down by the AICTE. That is to say, if a Lecturer (Senior Scale) is not having the educational qualification of M.E./M.Tech, which is prescribed by the AICTE, vide its letter dated 30.12.1999(ibid), he/she is not eligible to be considered for being placed as Lecturer (Selection Grade) in diploma level technical institutions.
14. The office order dated 29.7.2016 issued by the Government of NCT of Delhi, to which reference has been made by Shri S.K.Gupta, the learned counsel appearing for the applicants, does not stipulate that a Page 16 of 18 17 OA 4478/15 Lecturer (Senior Scale), who does not have the qualification of M.E./M.Tech, is eligible to be placed as Lecturer (Selection Grade) on his/her having completed five years of service as Lecturer (Senior Scale). Therefore, the said office order dated 29.7.2016 is of no help to the case of the applicants.
15. In Sri Bhabesh Goswami and others, etc. Vs. The State of Assam and others, etc. (supra), the Hon'ble Gauhati High Court has considered the very same issue, as arising in the present proceedings before us, and has held thus:
"21. Clause 8.3 of the notification dated 30.12.1999, amongst others, requires a Master's Degree in respect of Senior Lecturer/Lecturer (Senior Scale) for movement under CAS. It is to be noted that First Class Bachelor's Degree is an educational qualification prescribed for Lecturer under notification dated 30.12.1999, but such a Lecturer does not become entitled to be moved as Lecturer (Selection Grade) under CAS in terms of Clause 8.3 unless he/she has a Master's Degree apart from other requirements. Therefore, for placement at Lecturer (Selection Grade) under CAS, the entry level qualification as per existing recruitment rules prior to 01.01.1996 will not suffice. The arguments advanced by Mr.Choudhury that for movement to Lecturer (Selection Grade) for Lecturers recruited prior to 01.01.1996, the only requirement is length of service as Lecturer (Senior Scale), does not commend for acceptance, because the AICTE notification dated 30.12.1999 read with the notification dated 10.09.2003, on which the petitioners rely on, only gives relaxation in entry level qualification for the purpose of consideration under CAS. Therefore, unless a Lecturer (Senior Scale) has a Master's Degree, he/she will not be eligible for consideration under CAS. It is noticed that some of the petitioners in WP ( C) 578/2013 had obtained Master's Degree after they were appointed as Lecturer.
22. It appears that petitioners in WP (C) 578/2013 and WP(C) 2879/2013 had completed more than five years as Lecturer (Senior Scale). Therefore, the cases of all the writ petitioners in WP ( C ) 578/2013 and WP ( C ) 2879/2013, who have Master's Degree, are required to be considered under Page 17 of 18 18 OA 4478/15 Clause 8.3 of the notification dated 30.12.1999 for movement from Lecturer (Senior Scale) to Lecturer (Selection Grade)."
16. In Government of NCT of Delhi and others, etc. Vs. K.K.Prasad, etc (supra), the Tribunal and the Hon'ble High Court of Delhi considered the question of placement of Lecturers (Senior Scale) as Lecturers (Selection Grade) in the Humanities & Science Streams in polytechnic/diploma level technical institutions. The educational qualifications and other requirements for placement of Lecturers (Senior Scale) as Lecturers (Selection Grade) in the Humanities & Science Streams being different from that for placement of Lecturers (Senior Scale) as Lecturers (Selection Grade) in the Engineering/Technology Stream in the polytechnic/diploma level technical institutions, the decision in Government of NCT of Delhi and others, etc. Vs. K.K.Prasad, etc (supra) is of no help to the case of the applicants. To the same effect is the decision of the Tribunal in the case of Ms.Rekha Hemal, etc. Vs. Govt. of NCT of Delhi, etc., OA Nos.586, 587, 590 and 600 of 2016, decided by the Tribunal on 15.12.2016.
17. In the light of what has been discussed above, we have no hesitation in holding that the applicants have not been able to make out a case for the reliefs claimed by them in the O.A. The O.A., being devoid of merit, is dismissed. No costs.
(RAJ VIR SHARMA) (SHEKHAR AGARWAL) JUDICIAL MEMBER ADMINISTRATIVE MEMBER AN Page 18 of 18 19 OA 4478/15 AN Page 19 of 18