Point of Law: Right of Career Advancement is a vital right and cannot be deprived without strong reason.

ORDER :

1. The petitioner has preferred the present writ petition claiming the following reliefs :-

"(i) The writ petition preferred by the petitioner may kindly be allowed;

(ii) the respondents be directed to provide the benefit of senior scale upon completion of six years of service to the petitioner;

(iii) the respondents be further directed to provide the benefit of selection grade after completion of five years' further service;

(iv) the petitioner be provided the aforesaid benefits as if the same were never denied to him along with all consequential benefits including interest on arrears @ 24% per annum;

(v) without prejudice to the aforesaid prayers, in the alternative, it is prayed that if at all the plea of the respondents is accepted that the approval of appointment has not been given so far by the Board of Governors, then the same may be directed to issue the approval forthwith along with the benefits as prayed above, and

(vi) any other appropriate writ, order or direction, which this Hon'ble Court may deem fit and appropriate in the facts and circumstances of the case in favour of the petitioner, may also kindly be passed in the interest of justice.

(vii) Cost may be awarded to the petitioner."

2. Learned Senior Counsel Mr. Ravi Bhansali, assisted by Mr. Rohin Bhansali and Mr. Kalpturu Tribpathi appearing for the petitioner submits that the petitioner was given appointment as Lecturer in the Textile Chemistry Department of M.L.V. Textile and Engineering College, Bhilwara upon possessing the qualification of B.Tech in Textile Chemistry and after participating in the recruitment process arising out of the advertisement dated 20.04.1996.

3. Learned Senior Counsel further submits that the whole bone of contention is the implemtation of Career Advancement Scheme by the AICTE and State of Rajasthan as well as college whereby the petitioner has been deprived of his selection grade w.e.f. the persons, who were similar to him, has been awarded the selection grade i.e. w.e.f. the year 2007, as per the criteria.

4. Learned Senior Counsel has referred to AICTE criteria for Career Advancement Scheme, relevant portion reads as under :-

"CAREER ADVANCEMENT :

Minimum length of service for eligibility to move into the grade of Lecturer (Senior Scale) would be four years for those with Ph.D, five years for other with M.Phil / ME / M.Tech and six years for other as a lecturer, and for eligibility to move into the grade of Lecturer (Selection Grade) / Assistant Professor, the minimum length of service as Lecturer (Senior scale) shall be uniformly five years."

5. Learned Senior Counsel has thereafter drawn attention of this Court towards the communication / order dated 16.03.2022 issued by Government of Rajasthan and Department of Technical Education, relevant potion of which reads as under :-

"Guidelines of Career Advancement Scheme :

1. General

1-1 Minimum length of service for eligibility to move into the grade of Lecturer (Senior Scale) would be four years for those with Ph.D, five years for other with M.Phil / ME / M.Tech and six years for other as a lecturer, and for eligibility to move into the grade of Lecturer (Selection Grade) / Assistant Professor, the minimum length of service as Lecturer (Senior scale) shall be uniformly five years.

3. Lecturer (Selection Grade):-

Lecturers in the Senior Scale who do not have a Ph.D. degree or equivalent published work, and who do not meet the scholarship and research standards, but fulfils the other criteria given below for the post of Asstt. Professor, and have a good record in teaching and, preferably, have contributed in various ways such as to the corporate life of the institution., examination work, or through Research & extension activities, will be placed in the Selection Grade, subject to the recommendations of the Selection Committee which is the same as for promotion to the post of Asstt. Professor. They will be designated as Lecturers in the Selection Grade. They could offer themselves for fresh