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5. Resisting the averments in the petition, the respondent filed counter stating that on 9.6.1992, the Pondicherry Institute of Post-Matric Technical Education (for short, 'PIPMATE') has framed recruitment rules for all the posts, including to the post of Lecturer, Senior Lecturer, Head of Department and Principal. Thereafter, as per the AICTE guidelines, the PIPMATE has amended the recruitment rules for the post of Senior Lecturer on 28.12.1995 by prescribing the method of recruitment to the said post as by promotion failing which by direct recruitment. Again, the AICTE changed the method of recruitment to all the teaching posts i.e. from the post of Lecturer to the post of Principal as direct recruitment through open advertisement at National level. Accordingly, on 18.12.2000, the PIPMATE has amended the recruitment rules for all the teaching posts, including the post of Senior Lecturer and HOD http://www.judis.nic.in by prescribing the method of recruitment as by direct recruitment.

6. It is stated that as per the amended recruitment rules, there was no promotional avenues to the teaching staff of the PIPMATE. On 31.5.2004, with a bona fide intention to provide promotional avenues to its teaching staff, the PIPMATE has proposed to provide promotional avenues to them as available to the teaching staff of Motilal Nehru Government Polytechnic College, Puducherry by way of amending the method of recruitment in the recruitment rules framed both for Engineering and non-Engineering disciplines.

15. The Government of Puducherry has established the PIPMATE for the http://www.judis.nic.in purpose of imparting post-matric technical education in the Union Territory of Puducherry. It is a Society registered under the Societies Registration Act. The PIPMATE has established four Polytechnic Colleges in the four regions of the Union Territory of Puducherry and running the same. In accordance with the norms and standards prescribed by the AICTE, the PIPMATE has framed recruitment rules and amending the same from time to time, constituting Staff (Teaching) Selection Committee as per its rules and regulations and making recruitments, promotions etc. to all the posts.

19. The specific case of the PIPMATE is that by an order dated 16.7.2007, it has placed the petitioner as Lecturer (Senior Scale) in the pre- revised scale of pay of Rs.10000-325-15200 with effect from 3.6.2004 and was paying the revised scale of pay and other monetary benefits to him from the said date. According to the PIPMATE, as per the AICTE norms, such placement is equal to that of the substantive posts. Therefore, the petitioner is not entitled for further promotion to the post of Senior Lecturer within five years. It is also the specific case of the respondent that in the year 2007, when PIPMATE has proposed to fill up the vacancies in the post of HOD, as there was no eligible Senior Lecturers available as per the recruitment rules in the discipline Computer Technology, Information Technology, Architectural Assistantship and Electronics & Instrumentation Engineering for promotion to the post of HOD in those disciplines, with an bona fide intention to give benefits to them, the PIPMATE has considered the name of the petitioner and other 23 Senior Lecturers/Lecturer (Senior Scale) to give time bound promotion equivalent to the post of HOD. Accordingly, by an order dated 9.4.2010, the PIPMATE placed the petitioner in the Selection Grade in the pre- revised scale of of Rs.12000-420-18300 with effect from 3.6.2008 and paying the said scale of pay and other monetary benefits to him from the said date. As http://www.judis.nic.in per the AICTE norms, the said placement is equal to the substantive posts. Therefore, he is not entitled to further promotion to the post of HOD within 10 years.