Anil Kumar Sinha, J. – The present writ application has been filed for a direction to the respondents to consider the claim of the petitioner for promotion in Lecturer (Selection Grade) with effect from 03.03.2009, with all consequential benefits. The petitioner has also prayed for quashing of the order, contained in Memo No. 1617, dated 20.07.2011, issued under the signature of Joint Secretary, Department of Science and Technology Department, Government of Bihar, Patna, by which the claim of the petitioner for promotion in Lecturer (Selection Grade) has been rejected on the ground that higher qualification of the petitioner is not related to the field of his basic subject, as such, the higher qualification of Ph.D. acquired by the petitioner is not valid as per the norms of the All India Council for Technical Education (in short, ‘AICTE’) for grant of Lecturer (Selection Grade) under the Career Advancement Scheme to the petitioner.

2. The facts involved in the present case, in narrow compass, is that the petitioner, having the qualification of B. Tech. in Textile and M.B.A., was appointed as Lecturer, on 28.02.1998, in Government Polytechnic College, Gulzarbagh, in Textile Engineering Department.

3. The petitioner joined the College on 03.03.1998 and was subsequently upgraded in Lecturer (Senior Scale) with effect from 03.03.2004 under Career Advancement Scheme, vide notification issued under Memo No. 531, dated 25.02.2008.

4. During his service period, the petitioner completed his Ph.D, in the faculty of management in June, 2005, with research topic “Management Problem of Textile Industry in India” from Baba Saheb Bhim Rao Ambedkar Bihar University.

5. For the purpose of promotion to Lecturer (Selection Grade) in the higher pay scale of 12000-420-15200, under Career Advancement Scheme, the Joint Secretary, Department of Science and Technology, Government of Bihar, issued letter no. 783, dated 30.03.2011, having the name of the petitioner at serial no. 5, with a request to be present before the Department Promotion/Selection Committee with all required original documents, scheduled to be held on 20.04.2011, in the office of the Bihar Public Service Commission.

6. The Department Selection Committee, in its meeting, dated 20.04.2011, recommended the name of six Lecturers, including the petitioner, for promotion to Lecturer (Selection Grade) with effect from 03.03.2009, under Career Advancement Scheme with a condition that before issuing the order of promotion, the Administrative Department must be satisfied that the petitioner possesses the prescribed qualification, as per the norms of the AICTE.

7. The Joint Secretary, Department of Science and Technology, issued a letter to the petitioner on 15.04.2011 requesting him to be available with entire educational qualification certificates by 18.04.2011. The petitioner sent all the educational qualification certificates to the Department through the Principal, Government Polytechnic College, Gulzarbagh. After verification of the educational qualification, the Joint Secretary issued the impugned letter, dated 20.07.2011, to the Principal, Government Polytechnic College, Gulzarbagh, stating therein that the petitioner’s higher qualification, i.e. Ph.D. in Textile Management does not relate to his basic qualification, i.e. B. Tech. in Textile Engineering. Accordingly, the benefit of Ph.D. is not applicable under Career Advancement Scheme of the AICTE and is not valid for the purpose of promotion as Lecturer (Selection Grade) in the pay scale of 12000-420-15200.

8. The petitioner submitted reply to the aforesaid impugned letter to the Director and others, enclosing all the documents and stating therein that he is eligible to be promoted as Lecturer (Selection Grade)as he has Masters degree and five years experience as Lecturer (Senior Scale) and has a consistently satisfactory performance