Document Fragment View

Matching Fragments

5. Per contra, the counsel of the respondents - GNCTD (Department of Training & Technical Education) argued that the applicants had joined after 05.03.2010 and are covered under AICTE 2012 guidelines. Also since the main relief sought is quashing aside certain clauses of AICTE 2012 guidelines and therefore it is for AICTE to file reply.

6. The counsel of respondents - AICTE argued vociferously and vehemently opposed the arguments of the counsel of the applicants from his counter affidavit wherein he stated that the AICTE in discharge of its statutory functions had issued various notifications and regulations from time to time governing pay scales, cadre structure, service conditions, and career advancement of Teachers in diploma level Technical Institutions. The notification dated 20.09.1989 introduced a four-tier cadre structure and provided for career advancement of Lecturers to Senior Scale and Selection Grade subject to screening/selection and prescribed eligibility conditions. Subsequently vide notification dated 30.12.1999, AICTE revised pay scales and service conditions of Teachers in diploma level Institutions with effect from 01.01.1996 and also prescribed cadre structure, eligibility criteria, and Career Advancement Scheme (CAS) including conditions relating to performance appraisal, training, and qualifying service. AICTE further clarified anomalies relating to pay scales and CAS through an Expert Committee, which recommended that Teachers recruited prior to 01.01.1996 MAYA BAHADUR SINGH TARAGI SINGH TARAGI Item 24 (C-3) be governed by the then existing recruitment rules and be granted necessary relaxation in qualifications for consideration under CAS. Thereafter, AICTE framed Regulations in the year 2010 with regard to the Pay Scales, Service Conditions and Qualifications for Teachers and Other Academic Staff in Technical Institutions (Diploma). Further, AICTE framed the AICTE (Career Advancement Scheme (CAS) for Teachers and Other Academic Staff in Technical Institutions (Diploma)) Regulations, 2012, which came into force on 08.11.2012. The said regulations introduced promotion under CAS based on Performance Based Appraisal System (PBAS) and Academic Performance Indicator (API) scores, and prescribed eligibility criteria, selection procedure, and stage-wise advancement to higher grades. The counsel for the respondents stated that subsequent clarifications and corrigendum were also issued by AICTE in 2016 to remove anomalies relating to qualifications, pay scales, and CAS implementation. It is further alleged that the applicants have misrepresented certain provisions relating to Academic Grade Pay applicable to B.Tech qualified lecturers and have repeatedly relied upon incorrect figures to mislead the Tribunal. He therefore denied the allegations of the applicants and asserted that AICTE regulations were framed in exercise of statutory powers and were implemented in accordance with prescribed norms and clarifications issued from time to time.