Kerala High Court
Dr.Prasanth.M.N vs Cochin University Of Science And ... on 19 January, 2021
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
WP(C).No.95 OF 2020(J)
PETITIONER:
DR.PRASANTH.M.N.,
AGED 31 YEARS,
S/O.NARAYANAN, MOOLEKUZHI HOUSE,
NORTH MAZHUVANNOOR.P.O, ERNAKULAM-686689.
BY ADVS.
SRI.DEEPU THANKAN
SMT.UMMUL FIDA
SMT.LAKSHMI SREEDHAR
RESPONDENTS:
1 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (CUSAT)
COCHIN UNIVERSITY P.O, ERNAKULAM,
KOCHI-682022, REPRESENTED BY ITS REGISTRAR.
2 ALL INDIAN COUNCIL FOR TECHNICAL EDUCATION(AICTE),
NELSON MANDELA MARG,VASANT KUNJ,
NEW DELHI-110067, REPRESENTED BY ITS CHAIRPERSON.
R1 BY SRI.S.P.ARAVINDAKSHAN PILLAI, SC, COCHIN
UNIVERSITY OF SCIENCE AND TECHNOLOGY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.95 OF 2020 -2-
JUDGMENT
Dated this the 19th day of January 2021 Petitioner is a Ph.D holder in Electronics Engineering and M.Sc in Electronic Science with 1 st class from the Cochin University of Science and Technology. Through the instant writ petition the petitioner lays challenge to Ext.P5 notification being violative of notification Ext.P7 with a further prayer of mandamus directing the first respondent to issue fresh notification in compliance with Ext.P7 notification.
2. In support of the aforementioned prayer, it is averred that the Registrar of 1 st respondent vide notification Ext.P5 dated 22.10.2019 invited application for appointment to the post of Assistant Professor in the subject of Under water Transducer System/Underwater Instrumentation/Signal Processing having minimum qualifications B.E./B.Tech/B.S. and M.E./M.Tech/M.S. or Integrated M.Tech in Electronics & Allied Areas with first class or equivalent in any one of the degrees. Since the WP(C).No.95 OF 2020 -3- petitioner had already cleared the PhD in the year 2015, applied for the aforementioned post, application was to be submitted on or before 09.12.2019.
3. Learned counsel appearing on behalf of the petitioner submits that the All India Council for Technical Education (hereinafter referred to as 'AICTE' for short), vide notification dated 01.03.2019, prescribed the minimum qualification for direct recruitment as an Assistant Professor in Engineering/Technology, which is same as referred to in Ext.P5. Attention of this Court has been drawn to notification Ext.P6 of AICTE. Department of Electronics of 1st respondent University comes under the faculty of technology. Petitioner since had B.Sc. in Electronics and M.Sc. in Electronic Science much less PhD in Electronics Engineering, therefore, had sufficient qualification in the field of Electronics and was eligible for the aforementioned post, but was not considered. The respondents have not taken into consideration the notification promulgated by AICTE dated 09.06.2016 WP(C).No.95 OF 2020 -4- whereby the persons having M.Sc. Degree have also been held to be eligible thus such said action of the respondent is wholly illegal.
4. On the other hand, Mr.S.P.Aravindakshan Pillai, learned Standing Counsel appearing on behalf of the respondent University submitted that the qualification of the petitioner has already been pondered by this Court in Writ petition (C) No.7688 of 2018, Annexure R1(a) whereby it has been held that Ph.D. degree awarded by the University of Technology would not be sufficient for the post of Assistant Professor (Electronics & Communication) and thus petitioner was held ineligible. Petitioner is holder of the same degree and therefore the clarification stated in Ext.P7 notification would not come to the rescue of the petitioner as the aforementioned notification Ext.P7 makes the persons eligible who are already in admission with an M.Sc. Degree. The case as sought to be projected by the petitioner is totally distorted and cannot be accepted, thus, prayed for dismissal of the WP(C).No.95 OF 2020 -5- writ petition.
5. I have heard learned counsel for the parties, appraised the paper books and of the view that there is no force or merit.
6. Concededly, the petitioner's qualification had already been considered in-eligible in the judgment cited supra whereby petitioner in the earlier round of selection process had applied for the post of Assistant Professor (Electronics & Communication) being the holder of the Ph.D. degree in Electronics. The same set of qualification is sought to be pressed in service for the purpose of appointment to the post of Assistant Professor in terms of the notification Ext.P5 by taking the aid of notification of 2016 Ext.P7; but such reliance on notification Ext.P7 would not help the petitioner as it only pertains to the persons who have secured admission to the courses before the publication of AICTE gazette dated 13.03.2013. For the sake of brevity, relevant portion of the notification of 2016 reads as under:
WP(C).No.95 OF 2020 -6-
Clarifications on certain issues/anomalies pertaining to qualifications, Pay Scales, Service Conditions, Career Advancement Scheme (CAS) etc. for Teachers and Other Academic Staff of Technical Institutions (Degree/Diploma) Clarifications on certain issues of teachers and equivalent positions are given below:
Sl. Issue Clarifications given by
No. the Apex Committee on
the representation
received subsequently in
response to the AICTE
notice dated 22.02.2016
1 Whether a person with Existing incumbents
under mentioned recruited as a faculty
qualifications is eligible for with the basic minimum CAS and/or for Appointment qualifications mentioned as a faculty in Degree and at S.No.1(a), (b) and (c) in Diploma level Technical the official Gazette Institutions. published on 6 January, th
(a) MCA/M.Sc in 2016, as well as those Mathematics/ Physics/ persons, who have Electronics/ Computer secured admissions to Science and allied subjects these courses before with M.E./M.Tech/Ph.D in publication of the AICTE Computer Gazette dated 13th March, Science/Information 2010 are to be considered Technology to teach in as eligible for CAS as well Computer Science, IT & as direct recruitment, Engg.Courses. subject to fulfillment of
(b)M.Sc.(Electronic Science) other eligibility criteria and M.E.(ET&T) and higher qualifications qualification. prescribed, if any, for
(c)Master of Science in various teaching posts.
Information Technology
(M.Sc.IT) to teach in CSE
program
WP(C).No.95 OF 2020 -7-
Since the aforementioned notification applies to the incumbents already in service and the same does not cover the persons who are applicants for appointment. For the reasons aforementioned, there is no merit in the writ petition, accordingly, it is dismissed.
Sd/-
AMIT RAWAL JUDGE vv WP(C).No.95 OF 2020 -8- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BSC DEGREE CERTIFICATE ISSUED BY THE M.G.UNIVERSITY DATED 15/3/2007.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF MSC IN ELECTRONIC SCIENCE ISSUED BY THE RESPONDENT UNIVERSITY DATED 14/5/2008 EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF PHD ISSUED BY THE CORK INSTITUTE OF TECHNOLOGY,IRELAND DATED 17/6/2014 EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE FIRST RESPONDENT UNIVERSITY DATED 14/1/2016 EXHIBIT P5 TRUE COPY OF THE NOTIFICATION ISSUED BY THE FIRST RESPONDENT UNIVERSITY DATED 22/10/2019 EXHIBIT P6 TRUE COPY OF THE NOTIFICATION OF AICTE DATED 01/03/2019 EXHIBIT P7 TRUE COPY OF THE AICTE REGULATIONS F.NO.27/RIFD/PAY SCALE/01/2013-14 DATED 10TH JUNE 2016.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE JUDGMENT DATED 02/04/2018 OF THIS HON'BLE COURT IN WP(C).NO.7688/2018.