Back
FAKKIR MOHAMED IBRAHIM KALIFULLA, S. A. BOBDE
Christy James Jose – Appellant
Versus
State Of Kerala – Respondent
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:
5. In 1987, All India Council for Technical Education Act, 1987 (for short, the
The Supreme Court affirmed AICTE regulations take precedence over state rules regarding qualifications for promotions in higher education and clarified the review rights for non-parties adversely aff....
The court affirmed that teachers appointed after the Ph.D. requirement cannot claim higher pay or designation if they fail to acquire the qualification within the stipulated time, emphasizing adheren....
while two posts are to be equated, the equivalence of salary of the two posts is one of the factors to be considered while equivalence has to be granted.
The AICTE's clarifications dictate promotion qualifications; retrospective qualifications cannot be enforced by the State, ensuring rights of consistently employed individuals are protected.
AICTE Regulations must prevail in matters regarding qualifications and promotions of university staff over conflicting state orders.
Promotions in educational institutions must adhere to established norms, seniority, and qualifications, ensuring fair consideration for eligible candidates.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
