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2011 Supreme(Bom) 248
In the High Court of Bombay at Aurangabad
D.B. BHOSALE & R.M. BORDE
G.H.R. Education Foundation Society & Another
Versus
The State of Maharashtra, through Director of Technical Education, Government Technical Campus & Others
WRIT PETITION NO.5701 OF 2010
Decided on : 03-03-2011
For the Petitioners:P.M. Shah, Senior Counsel holding for S.P. Shah, Advocate.
For the Respondents:R1, K.B. Choudhary, Additional Government Pleader, R2 & R3, A.B. Girase, Advocate.
The main legal point established in the judgment is that the qualifications and appointment of a Director in technical education institutions are governed by the AICTE Act, 1987, and the provisions of the Maharashtra Universities Act, 1994 cannot be insisted upon in this context.
Headnote:
AICTE Norms - Appointment of Director - Maharashtra Universities Act, 1994 - Section 2(34), AICTE Act, 1987 - Section 10 - [Minimum of 10 years teaching and/or research and/or industrial experience of which at least 5 years should be at the level of Associate Professor or; minimum of 13 years experience in teaching and/or Research and/or Industry. In case of research experience, good academic record and books/research paper publications/IPR/patents record shall be required as deemed fit by the expert members in Selection committee. If the experience in industry is considered, the same shall be at managerial level equivalent to Professor with active participation record in devising/designing, developing, planning, executing, analyzing, quality control, innovating, training, technical books/research paper publications/IPR/patents, etc. as deemed fit by the expert members in Selection Committee. Flair for Management and Leadership is essential.]
Fact of the Case:
The Education Society sought approval for the appointment of Dr. Preeti Agrawal as Director of an institute, which was refused by the North Maharashtra University. The dispute arose from the interpretation of the qualifications prescribed by the AICTE for the appointment of a Director.
Finding of the Court:
The court found that the University's refusal to grant approval to the appointment of Dr. Preeti Agrawal was erroneous as she fulfilled the norms prescribed by the AICTE for the appointment of a Director.
Issues: The main issue was the interpretation of the qualifications prescribed by the AICTE for the appointment of a Director and the conflict between the Maharashtra Universities Act, 1994 and the AICTE Act, 1987.
Ratio Decidendi: The court held that the field of staff qualifications is governed by the AICTE Act, 1987, and the University authorities cannot insist on compliance with the provisions of the Maharashtra Universities Act, 1994, in the context of technical education.
Final Decision: The court quashed and set aside the University's order refusing to grant approval to the appointment of Dr. Preeti Agrawal as Director and directed the University to grant approval expeditiously.
R.M. Borde, J.
1. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.
2. This petition is presented by the Education Society questioning the correctness of the decision rendered by the North Maharashtra University, Jalgaon, refusing to accord approval to the appointment of petitioner no.2 Dr.Preeti Agrawal as Director of G.H.Raisoni Institute of Information Technology, Jalgaon.
3. Petitioner No.1 – Society started Information Technology College at Jalgaon in the year 2007. In terms of the decision rendered by Nagpur Bench of this Court in Writ Petition No.2216/2006, it was obligatory on the part of the State Government and all the Universities to take steps for ensuring filling up vacant posts of Principals in affiliated Colleges till 31.05.2009. On failure to comply with the directions, the State Government and Universities were directed to take necessary action against the concerned Colleges. The matter was carried to the Apex Court in Special Leave Petition No.19344/2009 and the decision rendered by the High Court was confirmed, however, the Supreme Court granted extension of time for making appointments till 31.05.2010. The North Maharashtra University issued Notification on 09.03.2010, directing the Colleges to fill up the vacant posts of Principals before extended date.
4. In pursuance to the directives issued by the High Court and confirmed by the Apex Court in the judgments referred to above and as per the directives issued by the North Maharashtra University, it was necessary for the petitioner – Society to appoint full time Principal / Director for the Institute. Accordingly, appointment of petitioner no.2 Dr.Preeti Agrawal, as a Director of the Institute, was made on 14.06.2010. Petitioner no.1 forwarded proposal seeking approval to the appointment of petitioner no.2, however, the University refused to grant approval, in view of the order passed on 01.07.2010. As such, the Institution as well as Director have approached this Court.
5. The qualifications prescribed for making appointment to the post of Principal / Director, by the All India Council for Technical Education, are as below:
Minimum of 10 years teaching and/or research and/or industrial experience of which at least 5 years should be at the level of Associate Professor or;
minimum of 13 years experience in teaching and/or Research and/or Industry. In case of research experience, good academic record and books/research paper publications/IPR/patents record shall be required as deemed fit by the expert members in Selection committee.
If the experience in industry is considered, the same shall be at managerial level equivalent to Professor with active participation record in devising/designing, developing, planning, executing, analyzing, quality control, innovating, training, technical books/research paper publications/IPR/patents, etc. as deemed fit by the expert members in Selection Committee.
Flair for Management and Leadership is essential.
6. That, so far as petitioner no.2 is concerned, she possesses educational qualification as M.A., M.C.M., D.H.R.M., Ph.D. Petitioner no.2 initially joined as Manager Personnel & Human Resources (H.R.) on 01.06.1982 and was in employment with Jain Irrigation Systems Ltd. till 29.06.1987. Thus, her total experience in the managerial cadre is for five years and one month. Petitioner no.2 thereafter joined at Institute of Management and Research run by Khandesh College Education Society, as a full time lecturer in Computer Management and was in employment for a period between 01.02.1996 till 03.05.2007. The total period of service comes to 11 years and two months. Petitionerno.2 was appointed by petitioner no.1 as an Assistant Professor since 25.05.2007. She was appointed as Professor since 22.04.2010 and since 14.06.2010 she is appointed as Director of the Institute of Information Technology, Jalgaon. Thus, her total teaching experience with petitio
