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DIPANKAR DATTA, ARAVIND KUMAR
Jiji K. S. – Appellant
Versus
Shibu K. – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
1. Leave granted in SLP (C) No. 8737 of 2021.
2. The dispute before us has had a litigious history and hence, a reference to the previous round of litigation would be necessary to understand the factual background.
3. Rule 6A of the Kerala Technical Education Service (Amendment) Rules, 2004 was introduced by way of an amendment on 18th September, 2004. Rule 6A reads as follows:
(i) Candidates appointed as Lecturer in Engineering Colleges in the Technical Education Department on or before the 27th March 1990, who have completed 45 years of age on the date of notification published for filling up the posts of Professor, Joint Director (Engineering College Stream) and Director of Technical Education as the case may be are exempted from acquiring Ph.D. Degree for eligibility for the above posts.
(ii) Candidates applying for the post of Assistant Professor are exempt from possessing Ph.D. Degree but they have to acquire Ph.D. Degree within seven year
The court affirmed that prior non-teaching service can be considered for promotion under the CAS if the roles are deemed equivalent, as per UGC guidelines.
Judicial superintendence cannot substitute lower court findings unless severe legal errors exist, emphasizing promotion eligibility based on the completion of probation.
Seniority among Assistant Professors must be determined by the date of entry into the cadre, not merely by re-designation, as per the KS&SSR.
The AICTE's clarifications dictate promotion qualifications; retrospective qualifications cannot be enforced by the State, ensuring rights of consistently employed individuals are protected.
The main legal point established in the judgment is the prohibition for retrospective promotion under the Karnataka State Civil Services Act and Rules, and the significance of seniority in determinin....
The court established that changes in qualification requirements for promotion are valid and can affect an employee's eligibility for upgradation.
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