ORDER :

1. Applications for deletion of the names of respondents are allowed at the risk of the petitioners.

2. Application(s) for impleadment is/are allowed.

3. Leave granted.

4. In all these appeals, the question for our consideration is the correctness or otherwise of the common judgment of the Division Bench of the High Court of Kerala in Writ Appeal No. 2706 of 2009 and the connected appeals affirming the judgment of the learned Single Judge, wherein the learned Single Judge struck down Rule 6A of the Kerala Technical Education Service (Amendment) Rules, 2004. To trace out the brief history of the litigation, initially the qualifications for appointment to the post of Assistant Professor in Engineering Colleges in Kerala were governed by the special Rules which were in vogue right from 02.09.1967. Rule 6 read with the annexures to the Special Rules prescribed the qualification as under:

“Post-graduate Degree in the appropriate branch of Engineering, viz. Civil Mechanical/Electrical/Telecommunication] or an equivalent qualification and a total of three year' teaching experience in Engineering Colleges”.

5. In 1987, All India Council for Technical Education Act, 1987 (for short, the AICTE Act”) was enacted by the Parliament which governs the Technical Education throughout the country. By proceedings dated 28.02.1989, the Ministry of Human Resources Development, Government of India, approved the recommendation of AICTE which prescribed the qualification for the post of Assistant Professor. The qualification was noted as under :

“First Class Master's Degree in appropriate branch of engineering/Technology with 5 years experience in teaching/ industry/ research at the appropriate level. Ph.D. degree in degree in engineering/Technology was prescribed as a desirable qualification.”

The said qualification prescribed by AICTE was adopted by the Government of Kerala, by its notification dated 27.03.1990. Thereafter, AICTE modified the qualification by notification dated 15.03.2000 and communicated the same to all the State Governments. As per the modified qualification, Ph.D. degree with first class degree at Bachelor's or Master's level in the appropriate branch of Engineering/Technology was the required qualification. In tune with the said modified qualification, the Government of Kerala amended the Special Rules by its proceedings dated 24.01.2003. BY its notification dated 18.02.2003, the AICTE made a modification by way of a revision of the eligibility condition for the post of Assistant Professor as per which the qualification prescribed was as under :

“Ph.D. degree with first class Degree at Bachelor's or Master's level in the appropriate branch of Engineering/Technology with 3 years experience in Teaching/Industry/Research at the level of Lecturer or equivalent.”

Such modified eligibility condition was reiterated by AICTE in its proceedings dated 10.09.2003.

6. The Government of Kerala came forward with its amendment to the special Rules on 18.09.2004 by which Rule 6A came to be inserted in the special Rules. We are concerned with Sub Rule (2) of Rule 6A which reads as under :

“ 6A(2) Candidates applying for the post of Assistant Professor are exempted from possessing Ph.D. Degree but they have to acquiare Ph.D. Degree with seven years of appointment to the post of Assistant Professor as stipulated by the All India Council for Technical Education.”

7. The whole of the amended Rule 6A came to be challenged before the High Court in various writ petitions, namely writ petitions Nos. 4468 of 2005, 20554/2008, 23490/2008, 27289/2008, 31862/2008, 31886/2008.

8. Before the learned Single Judge, a submission was made that the prescription made in the newly added special Rule 6A was in conflict with the qualification prescribed by the AICTE in its notification dated 15.03.2000 and consequently all appointments made to the post of Assistant Professor based on the amended Special Rule were liable to be set aside. The nomenclature was revised as