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IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajiv Shakdher, Talwant Singh, JJ.
Govt. of NCT of Delhi & Ors. – Appellants
Versus
Ms. Rekha Hemal – Respondent
Review Petition 536 of 2019 in W.P(C) 11338 of 2017
Decided On : 02-03-2023
Master's Degree - Grant of Selection Grade - AICTE Notification dated 30/12/1999, 05/03/2010, 08/11/2012 - The court discussed the requirement of Master's Degree for grant of Selection grade, AICTE regulations, and conditions stipulated in office orders. The interpretation of AICTE notifications and their applicability to the case influenced the court's decision.
Fact of the Case:
The review petitioners sought reconsideration of the requirement of Master's Degree for grant of Selection Grade. The respondent's eligibility for promotion and the changing stand of the petitioners were contested.
Finding of the Court:
The court found that the respondent's delay in receiving the Selection Grade was unjust and unreasonable, and the AICTE notification dated 30/12/1999 was irrelevant to the case. The review petition was dismissed.
Issues: The main issue was the requirement of Master's Degree for grant of Selection Grade and the changing stand of the petitioners in different proceedings.
Ratio Decidendi: The court held that the AICTE notification dated 30/12/1999 was not relevant, and the prevailing office order dated 29/07/2010 was to be implemented. The review petitioners failed to point out any illegality or mistake in the judgment dated 05/11/2019.
Final Decision: The review petition was dismissed as there was no mistake or error apparent on the face of the record of the judgment dated 05/11/2019.
JUDGMENT
Talwant Singh, J.
Review Petition 536/2019 in W.P(C) 11338/2017
1. The present review petition has been filed by the original petitioners seeking review of order dated 05.11.2019 in W.P.(C) No. 11338/2017, whereby the writ petition filed by the petitioners against an order passed by the learned Central Administrative Tribunal (hereinafter referred as `CAT') dated 15.12.2016 was dismissed with the following observations:
"7. That it is clear from AICTE Clarification that on 5th March 2010, ME/M. Tech/Master's Degree was essential requirement for grant of Selection grade. AICTE has not withdrawn the existing requirement of Master's degree for the grant of Selection grade, which has been further affixed by 7th CPC AICTE Notification Dated 01-03-2019 also, clearly mentioning that Master's Degree is the minimum qualification for grant of Selection grade.
Therefore, contention of the Respondent that Master's Degree is not required is wrong. As a matter of fact, a first class is also required either at UG or PG level. Since Respondent completed Master's Degree in Sept. 2012 and accordingly granted Selection grade w.e.f. date of completion of Master's Degree, by the selection committee.
8. That this Hon'ble High Court has passed the order by granting the Lecturer (Selection Grade) to the Respondent without Master's Degree. This issue was already upheld by the Hon'ble Gauhati High Court in WP(C) Nos. 578/2013, titled Sri Bhabesh Goswami & Ors. Vs. State of Assam & Ors. Copy of Judgment in WP(C) Nos. 578/2013 are annexed as Annexure R6.
9. That this Hon'ble High Court inadvertently overlooked the requirement of Master's Degree while passing the order, whereas at the time of Respondent Joining as Lecturer at DTTE, Master's Degree is one of the requirement for promotion to Lecturer (Selection grade] along with other conditions if he/she meets. Petitioner has also issued NOG to the Respondent to pursue Ph. D program. Respondent cannot say that Master's degree was not available in her discipline (Interior design). The Respondent has been granted Lecturer (Selection grade) from the date she acquired Master's Degree. Copy of NOC issued to the Respondent for Ph. D is annexed as Annexure R7.
10. That this Hon'ble High Court inadvertently overlooked the conditions stipulated in office order dated 29-07-2010 wherein it is clearly stipulated in Para 12.1 (ix) and (xii) issued under conditions "Subject to other requirement by AICTE/State Govt. to move up to AGP of Rs. 8000/9000".
Therefore;
(i) the requirement of first class either at Bachelor's or Master's level is one of the requirement of AICTE/State Govt. in accordance with provision laid by AICTE Notification dated 30/12/1999, Clarification dated 05-03-2010, 18-10-2012, AICTE clarification (MOM) dated 28.08.2014 submitted in CP No. 605/2012,606/2012 & 613/2012 (in consultation of AICTE) and AICTE
Notification dated 01-03-2019 read together along with other conditions laid down by the AICTE vide AICTE Notification dated 08-11-2012 w.e.f. 05- 03-2010 (issued in continuation of 05-3-2010 read with 2016) as mentioned below.
(ii) 03 publications within 12 years of service since joining as Lecturer from Stage 3 to Stage 4.
(iii) Requirement of refresher courses as stipulated by AICTE.
Copy of AICTE Notification dated 08.11.2012 is annexed as
ANNEXURE-R8.
Copy of AICTE clarification (MOM) dated 28.08.2014 is annexed as Annexure R-9."
2. This revision petition was dismissed vide order dated 23.12.2019; however, the present petitioners approached the Hon'ble Supreme Court by filing a batch of appeals (As there are two other petitions, which were disposed of by common order dated 05.11.2019) being Civil Appeal Numbers 328/2021 to 333/2021 and the Hon'ble Supreme Court was pleased to pass the following order.
"Delay condoned.
Leave granted.
Learned Additional Solicitor General has obtained instructions and submits that the documents she sought to rely upon in hearing on 27th January, 2021 were on record before
The central legal point established in the judgment is the interpretation and applicability of AICTE notifications in determining the eligibility for grant of Selection Grade.
The practical achievability of the requirement of a Master's Degree and the relevance of AICTE notifications and office orders in determining eligibility criteria for the Selection Grade.
The main legal point established in the judgment is the interpretation and applicability of AICTE notifications and office orders in determining the eligibility criteria for the grant of Selection gr....
Lecturers appointed before January 1, 1996 are entitled to selection grade benefits without needing a Master’s degree, ensuring equal treatment in service matters.
The AICTE's clarifications dictate promotion qualifications; retrospective qualifications cannot be enforced by the State, ensuring rights of consistently employed individuals are protected.
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