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2018 Supreme(Raj) 793
IN THE HIGH COURT OF JUDICATURE AT RAJASTHAN BENCH AT JAIPUR
M.N. Bhandari, Dinesh Chandra Somani, JJ.
Suraj Mal Choudhary – Appellant
Vs.
State of Rajasthan – Respondent
Civil Writ Petition No. 15229 of 2010, D.B. Civil Writ Petition No. 17258 of 2011, 15086 of 2013, 3865 of 2017
Decided On : 03-05-2018
For the Petitioner:Mr. SS Hora with Mr. Rajpal Dhankhar and Mr. TC Sharma and Mr. Tarun Choudhary, Advocates
For the Respondent:Mr. YS Jadaun for Mr. SK Gupta, AAG, for the Respondent; Mr. Ravindra Pal Singh for Mr. Neeraj Batra, Mr. Bharat Vyas with Ms. Mahima Kirori, Advocates, for the University Grants Commission
Headnote:
Right to Information Act, 2005 – Challenge – College – Teachers - Once State of Rajasthan amended Rules to provide incentive to those who are holding degrees or acquired qualification aforesaid, it could not have been withdrawn by amending Rules - In fact doctrine of promissory estoppels applies in that case - In light of the aforesaid Notification deserves to be set aside – Held, In light of the aforesaid even Rule 20 of Rules of is of no assistance to petitioners and for that even information sought by petitioners under Act - It is for reason that no Notification has been placed on record to show adoption of incentive scheme as provided by UGC under their Regulations - Their pay scales are governed by Rules of and subsequently by the Rules - State Government has come out with their own legislation to govern colleges thus UGC Guidelines cannot be said to be mandatory – petition dismissed
M.N. Bhandari, J.
By this bunch of writ petitions, a challenge is made to the Notification dated 06.05.2002, issued by the State of Rajasthan to delete existing Rule 11 for grant of incentive in the shape of increment to Ph.D/M.Phil degree holders. It is under the Rajasthan Civil Services (Revised Pay Scales for Government College Teachers including Librarians and PTIs) Rules, 1999 (for short "the Rules of 1999").
2. Learned counsel for the petitioners submit that the University Grants Commission (for short "the UGC") issued Notification on Revision of Pay Scales, Minimum Qualifications for the Appointment of Teachers in Universities & Colleges and other Measures for the Maintenance of Standards, 1998 (for short "UGC Notification, 1998"). It even provides for pay scales and incentives. The Notification of 1998 is relevant for this case only for the purpose of incentives given to Ph.D and M.Phil degree holders under clause 6. It is reproduced hereunder for ready reference:-
"6.0.0 Incentives For Ph.D./M.Phil.
6.1.0 Four and two advance increments will be admissible to those who hold Ph.D. and M.Phil degrees, respectively, at the time of recruitment as Lecturers. Candidates with D.Litt/D.Sc. should be given benefit on par with Ph.D. and M.Litt on par with M.Phil.
6.2.0 One increment will be admissible to those teachers with M.Phil who acquire Ph.D. within two years of recruitment.
6.3.0 A Lecturer with Ph.D. will be eligible for two advance increment when she/he moves into Selection Grade/Reader.
6.4.0 A teacher will be eligible for two advance increment as and when she/he acquires a Ph.D. degree in her/his service career."
3. The UGC provided advance increments to the Lecturers and Teachers who are in possession or acquired the qualification of Ph.D/M.Phil. The State of Rajasthan amended their Rules vide Notification dated 01.12.1999. It seems to be on a letter issued by the Ministry of Human Resource Development, Government of India, dated 27th July, 1998. The Ministry provided financial assistance to the extent of 80% if any University or College adopt UGC Notification 1998. 20% of the expenditure was to be borne by the State Government. The financial assistance was, however, given for the period between 01.01.1996 till 31.03.2000. The State Government took a decision to withdraw incentive and, accordingly, a Notification dated 06.05.2002 was issued to delete Rule 11 which was earlier inserted to provide incentives to Ph.D/M.Phil degree holders.
4. It is also a fact that, subsequently, UGC came out with other Regulations on 30th June, 2010 called the "University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010" (for short the "Regulation of 2010"). It is to provide incentive, as was given earlier. The prayer of the petitioners is for adoption of those Regulations and, for it, reference of clause 9.4 of the Regulations has been given.
5. A reference of the Notification dated 12.10.2009 of the State Government has also been given, more specifically, of Rule 20. The State of Rajasthan came out with new Rules namely Rajasthan Civil Services (Revised Pay Scales for Government College Teachers including Librarians and PTI Rules), 2009 vide the aforesaid Notification.
6. Learned counsel for the petitioners submit that State Government has adopted UGC Regulations, 2010, thereby, the benefit of incentive scheme became applicable. The prayer is to allow benefit of incentive on adoption of UGC pay scales by the State Government vide their Notification dated 12.10.2009 (Annexure-66). The adoption of UGC pay scales has been admitted by the State Government in the information sought by the petitioners under the Right to Information Act, 2005 (for short "the Act of 2005").
7. Once the State of Rajasthan amended the Rules to provide incentive to those who are holding Ph.D/M.Phil deg
