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4.Learned counsel for the respondents 1 to 4 submitted that PIPMATE has established 4 polytechnic colleges. In accordance with norms and standards prescribed by AICTE from time to time, it had been framing rules. PIPMATE https://www.mhc.tn.gov.in/judis has adopted the Service Rules applicable to the employees of the Government of Puducherry, subject to necessary variations. After AICTE changed the method of recruitment to all the teaching post by direct recruitment, PIPMATE has amended the rules to those posts. The absence of a method of recruitment by promotion caused very serious loss, prejudice and hardship to the teaching staff.

4.1.On 07.11.2002, Government of Puducherry framed recruitment rules for teaching posts. It prescribed the method of recruitment to the teaching post by promotion, failing which by deputation (ISTC), failing by both, by direct recruitment. On 15.04.2003 PIPMATE considered and resolved to adopt the recruitment rules for its teaching staff. Based on such resolution, on 28.01.2009, PIPMATE amended the said adopted recruitment rules by deleting the qualifications for promotion prescribed by the AICTE. PIPMATE was not able to fill up the vacancies to the posts of Principal in its 4 Polytechnic Colleges by promotion due to non-availability of eligible Heads of Department. Therefore, PIPMATE filled the said vacancies on temporary basis by deputation. Again the posts were vacant in 2001, 2003 and 2004. PIPMATE published notification dated 28.10.2005, inviting applications from eligible persons for recruitment to the posts of Principal. However, PIPMATE has not processed further. PIPMATE called for service particulars and other certificates of K.Francis, G.Rani, D.Sandanasamy, R.Babu Ashok, N.Sozhan and https://www.mhc.tn.gov.in/judis Dr.C.Vethirajan for filling up the vacancies by way of promotion.

4.2.AICTE Regulations, 2010 fixed minimum qualification and experience prescribed for the post of Principal. By order dated 15.09.2010, PIPMATE decided to implement the norms and standards prescribed in the AICTE Regulations, 2010. As per the norms, PIPMATE has to bring the incumbents officiating as Senior Lecturers and Lecturers under one designation viz. “Lecturer” and determine their seniority. Only thereafter, PIPMATE has to amend the recruitment rules for its teaching posts. PIPMATE already initiated action for carrying out the amendments in the recruitment rules. Meanwhile, PIPMATE can make promotions to the vacancies in the post of Principal as per the recruitment rules in force. AICTE Regulations, 2010 was published only on 13.03.2010 and on 15.09.2010, PIPMATE decided to implement the norms and standards prescribed in the AICTE Regulations 2010, subject to the conditions mentioned in the Order. Therefore, PIPMATE was not able to amend the recruitment rules as per AICTE Regulations 2010. Till the amendment of the recruitment rules, the qualifications and conditions prescribed in the existing recruitment rules would continue to be in force. As per the recommendation of the Department Promotional Committee, the impugned order was passed. Petitioner was working only as a Senior Lecturer in Mechanical Engineering, which is equivalent to the pay of Head of Department. Therefore, he is not https://www.mhc.tn.gov.in/judis considered eligible for promotion for the post of Principal. The persons considered for promotion and promoted held the post of Head of Department and therefore, they were promoted.

2.The Chairman, Pondicherry Institute of Post Matric Technical Education (PIPMATE), Puducherry.

3.The Vice Chairman, (Secretary to Government (Education), Pondicherry Institute of Post Matric Technical Education (PIPMATE), Puducherry.

4.The Member Secretary, Pondicherry Institute of Post Matric Technical Education (PIPMATE), Puducherry.