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2003 Supreme(AP) 716

Andhra Pradesh High Court
Judges : V.ESWARAIAH
K.R.Krishna Raju - Appellant
Versus
Chief Co.ordinator QIP Nodal Cell, university College of Pharmaceutical sciences, Kakatiya University, warangal - Respondent
Decided On : 06-12-03

Headnote:

Constitution of India,1950 - Admission - Quality Improvement Programme - Working as Principal – Petitioner in was initially appointed as lecturer in pharmacy in year and was subsequently upgraded to that of Senior lecturer in Pharmacy in year and presently he is working as Principal government Polytechnic College for women - He passed M. Pharmacy with class having of marks - It is stated that for staff working in Government Polytechnics All India Council for Technical education scales were made applicable with effect - Pay scales as revised by AICTE were also implemented for diploma institutions vide proceedings of the 3rd respondent - Held, Counsel appearing for respondent further submits that a format has been prescribed by respondent at relating to forwarding note of principal or head of institution at - It is stated that applicant has years of experience at graduate level - Based on application form prescribed by respondent-University it is stated that candidates who are working at graduate level alone are entitled to apply but not teachers working in Polytechnic colleges - Format is not relevant to eligibility criteria and no where it has been mentioned in eligibility criteria that permanent faculty members of AICTE recognized colleges who are working at graduate college level alone are entitled but not members working in Polytechnic colleges – Order Accordingly

V. ESWARAIAH, J.

( 1 ) THE petitioner in W. P. No, 19229/2002 was initially appointed as Lecturer in pharmacy in the year 1984 and subsequently upgraded to that of Senior Lecturer in pharmacy in the year 1987. Presently he is working as Principal, Government polytechnic for Woman at Hindupur, ananthapur District. The petitioner passed m. Pharmacy with 1st class having more than 65% of marks.

( 2 ) THE petitioner in W. P. No. 19224/2002 was initially appointed as lecturer in pharmacy in the year 1984 and was subsequently upgraded to that of Senior lecturer in Pharmacy in the year 1987 and presently he is working as Principal, government Polytechnic College for women, Cuddapah at Cuddapah. He passed M. Pharmacy with 1st class, having 69% of marks. IT is stated that for the staff working in the Government Polytechnics, the All India Council for Technical education (for short AICTE) scales were made applicable with effect from 1986. The pay scales as revised by the AICTE were also implemented for the diploma institutions vide proceedings of the 3rd respondent dated 07-06-2000.

( 3 ) THE Government of India launched the quality Improvement Programme (for short qip") in the year 1970 for Engineering. Such facility is also extended to B. Pharmacy from the year 1999 onwards by AICTE. One of the objectives of the QIP is to improve the standard and quality of Pharmacy education through improvement of qualifications of faculty members in various Pharmacy institutions. Since the inception of the QIP scheme, Curriculum Development Cells have been set up for expanding and improving the effectiveness of technical education in the country by undertaking activities which include curriculum development and revision or preparation of monographs, text books, teacher s Manuals, teaching aids and other resource materials, examination reforms, organizing interinstitutional programmes, seminars, workshops and panel discussions, development of educational technology, creation of methodologies for formal and informal training and other activities. The programme is being implemented and monitored by the AICTE. Five institutions are having QIP Cells offering admission to m. Pharmacy/ph. D degree programme in many disciplines. The University College of pharm Sciences, Kakatiya University, warangal, is one of the institutions having qip Cells. Total number of seats for Ph. D are 24. The eligibility conditions are prescribed under the QIP information brochure sponsored by AICTE, at Clause IV for Ph. D. degree programme i. e. (1) 3 years teaching experience (2) M. Pharm, 1st division/60% aggregate or as specified by AICTE for appointment of teachers for degree college.

( 4 ) IT is not in dispute that both the writ petitioners are the permanent faculty members of AICTE recognized Pharmacy college, having 15 years experience of teaching experience passed M. Pharmacy with more than 65% of the marks. It is stated by the petitioners that they are eligible and entitled to apply for Ph. D degree programme as per the norms prescribed under QIP Nodal Cell sponsored by the aicte.

( 5 ) A Notification for admission into m. Pharmacy and Ph. D. in QIP Cells were invited in the prescribed form from the permanent faculty members of AICTE recognized colleges offering courses in pharmacy for the year 2002-2003 under quality Improvement Programme sponsored by AICTE was published in the daily newspapers. The eligibility criteria in the notification published in the newspapers for admission into Ph. D. is 3 years teaching experience and 1st class/60% aggregate marks in M. Pharmacy. Accordingly, both the petitioners, who are eligible to apply for ph. D, applied to improve the educational qualifications under the QIP through the commissioner of Technical Education, A. P. , hyderabad who is the competent authority to sponsor the names of the applicants. Accordingly, the applications of the petitioners were forwarded by the commissioner of Technical Education within the prescribed p





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