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2009 Supreme(Ker) 804

S.SIRI JAGAN
Dr. B. Ajith Kumar, Assistant Professor – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:For the Petitioners:K.P. Dandapani (Sr.), Advocate. For the Respondents:V.G. Arun, Advocate.

Judgment :

Common issues arise in these writ petitions and connected contempt case and hence they are disposed of by this common judgment.

2. The main issue arising in all these cases except W.P(C) No. 31502/2007, is as to whether the State Government can frame rules regulating qualifications for appointment to the posts of Professor and Assistant professor in Engineering Colleges in Kerala, in exercise of powers under Article 309 of the Constitution of India, which qualifications are lower than those stipulated by the All India Council of Technical Education (AICTE for short), in exercise of the powers conferred on them by the All India Council of Technical Education Act, 1987 (the AICTE Act for short). Facts necessary for disposal of these cases may be summarised as under. I shall refer to the ranks of parties and Exhibits as obtaining in W.P(C) No. 20544/2008, unless indicated otherwise.

3. Prior to 27-3-1990, the qualifications and method of appointment of teachers of Government Engineering Colleges in the State of Kerala were governed by the Special Rules for Kerala Technical Education Service, 1967. The Government of Kerala, by G.O (P) 8/90/H.Edn. Dated 27-3-1990, implemented










































































































































































































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