Point of Law: while two posts are to be equated, the equivalence of salary of the two posts is one of the factors to be considered while equivalence has to be granted.

JUDGMENT :

SUDHANSHU DHULIA, J.

1. Heard Mr. D. Das, learned senior counsel for the appellants in Writ Appeal No. 3/2020 assisted by Mr. P.K. Deka, learned counsel and K.N. Chowdhury, learned senior counsel for the appellants in Writ Appeal No. 254/2019 and Writ Appeal No. 321/2019, assisted by Mr. R.M. Deka, learned counsel. Also heard Mr. K. Gogoi, learned Standing Counsel, Technical Education for the State respondents.

2. This Court has been informed that appellant No. 3 in Writ Appeal No. 3/2020, namely, Sri. Rois Uddin Ahmed has passed away on 18.04.2021 during the pendency of the appeal and, therefore, his name be deleted from the array of the parties. The name of Sri. Rois Uddin Ahmed, appellant No. 3 is hereby deleted from the array of parties.

3. All these writ appeals have been filed challenging the common judgment and order dated 28.08.2019 passed by the learned Single Judge in W.P. (C) No. 348/2016 and W.P. (C) No. 1721/2016. The main issue before the learned Single Judge was whether Ph.D. is a necessary qualification for appointment/promotion to the post of Principal in a Government Polytechnic College. The petitioners who had filed the writ petitions before the learned Single Judge were Heads of Department (HoDs) in various Government Polytechnic Colleges in the State of Assam and had challenged the qualifications for the post of Principal of Government Polytechnic Colleges which inter-alia required Ph.D. as a necessary qualification for appointment/promotion to the post of Principal, or so it seemed from the reading of the relevant provisions. Admittedly, the service conditions of the petitioners were governed by the Assam Technical Education Service Rules, 1981. Rule 8 of the aforesaid Rules which is regarding academic qualification for direct recruitment reads as under:

“8. Academic qualification for direct recruitment - The minimum academic qualification and experience of a candidate for direct recruitment shall be as prescribed by the AICTE from time to time as adopted by the Government of Assam.”

4. Promotion to other cadres is provided in Sub-Rule (4) of Rule 12, which states as under:

“(4) Subject to suitability, an officer shall be eligible for promotion if he possesses the qualifications and experience as prescribed by the AICTE from time to time as adopted by the Government of Assam.”

5. In 1987, an Act was passed by the Parliament which is known as All India Council for Technical Education Act, 1987 for constitution of the All India Council for Technical Education, which is a central Body with a mandate to prescribe inter-alia technical and other qualifications for appointment of teachers, instructors, principals etc. for Government Polytechnics. A Notification was subsequently issued by the All India Council of Technical Education (for short, hereinafter referred to as ‘the AICTE’) on 05.03.2010 which prescribed inter-alia qualifications for appointment of Engineers, Lecturers/Workshop Superintendents, Head of Department and Principals in technical institutions. For Head of Department, the following qualification was given:

Thereafter, qualifications and experience for the post of Principal were laid down, which are as follows: