The mandatory AICTE regulations dictate that promotions for technical education positions must be made by direct recruitment based on merit, not by promotion from existing staff when the regulatory framework does not allow for such positions.

JUDGMENT

Talwant Singh, J. The petitioners have filed the present writ petition challenging the impugned judgment dated 06.11.2019 in OA 1214/2016 and order dated 21.10.2020 passed by the Central Administrative Tribunal (CAT), Principal Bench, New Delhi in CP No. 95/2020.

2. It has been prayed that these orders are perverse and the same may be quashed. The brief history, as per the petitioners is that the respondent no.1 i.e., Mr K.K. Prasad was appointed as a Lecturer (Mathematics) in the year 1995. There were no recruitment rules (RRs) for the post of Head of Department (HOD) (Humanities & Sciences) at that point in time. For the first time, in 1999, the RRs for the post of HOD (Science and Humanities) were framed prescribing the pay scale of Rs.12,000-18300/-. The appointment was to be made on the basis of selection by merit and not by seniority.

3. On 27.09.2003, the Government of NCT of Delhi (GNCTD) i.e., petitioner no.1, adopted the All India Council for Technical Education (AICTE) Guidelines, 1999 in which it was mentioned that the recruitment to all cadre posts shall be strictly based on merit by open selection through open advertisement at the national level. The office order, in this behalf, was issued on 12.12.2003. On 14.01.2010, one Mr Ravi Dutt Sharma, was promoted to the post of HOD (Science and Humanities). In the meantime, AICTE came up with Regulation dated 05.03.2010 under which Faculty Norms have been prescribed for direct recruitment for different cadres of Diploma Level Technical Institutions. There was no mention of the post of HOD (Science and Humanities) under Faculty Norms in these regulations.

4. Thereafter, all the cadre posts were to be filled by direct recruitment. In the meantime, the Hon'ble Supreme Court passed final order in Civil Appeal (CA) 4026/2003 on 30.03.2010 in the matter of Govt. of NCT of Delhi & Anr. vs. Sanjeev Lochan Gupta & Ors., by which the impugned judgment of the Division Bench of this Court dated 16.03.2002 was upheld. The net crux of the said judgment is that the directions issued by AICTE are to be strictly complied with. As per the notification, the post of HOD (Science & Humanities) could not be filled up, since AICTE Faculty Norms have not provided for any such post.

5. Further, it is the case of the petitioners that the respondent No. 1 completed his Ph.D only after the implementation of the AICTE Regulation dated 05.03.2010 and the judgment of the Hon'ble Supreme Court in the matter of Sanjeev Lochan Gupta & Ors. (supra). Respondent no. 1 was granted promotion as a Lecturer (Selection Grade) under the Career Advancement Scheme (CAS) in the pay scale of Rs.37,400-67,000+ with AGP of Rs.9,000/- which was equivalent to the pay scale of HOD, if recruited directly.

6. Respondent no. 1 filed OA No.2449/2015 before CAT, seeking directions to the present petitioners to prepare year wise panel for the post of HOD (Science & Humanities) w.e.f. 2011 in terms of extant instructions and thereafter year wise DPC be conducted and his name be considered for regular promotion to the post of HOD (Science & Humanities).

7. On 13.07.2015, CAT disposed OA No. 2449/2015 with directions to the petitioners to consider the representation of the respondent no.1 dated 18.05.2015 and pass an appropriate, reasoned and speaking order