Point of Law: Public interest litigation is a weapon which has to be used with great care and circumspection and judiciary has to be extremely careful to see that behind beautiful veil of public interest an ugly private malice, vested interest and/or publicity-seeking is not lurking. It is to be used as an effective weapon in armoury of law for delivering social justice to citizens.

JUDGMENT :

B.P. ROUTRAY, J.

1. The present writ petition has been filed in the nature of Public Interest Litigation.

2. It is submitted that the original Petitioner served as an Engineer under Water Resources Department, Government of Odisha and retired from service in the year 1995. The Petitioner has prayed as follows:

“(I) All the posts of Heads of Departments/Sr. Lecturers and Principals of Govt. Engineering Schools and Polytechnics of Odisha may be filled by open selection process strictly as per AICTE norms-2010.

(II) Norms, qualifications and guidelines of AICTE-2010 may be implemented in toto in Govt. Engineering Schools and Polytechnics of Odisha to enhance the quality of education like Government Engineering colleges and Government Management Colleges of Odisha.

(III) The qualifications of all the Heads of Departments/Sr. Lecturers (including Deputy Directors/Deputy Secretaries/Principals of Govt. it is (Class-I Jr.)/Vice Principals/Training Superintendents) of all the disciplines of all the Govt. Engineering Schools and Govt. Polytechnics of Odisha may be verified strictly as per AICTE norms-2010 and the under qualified persons promoted may be suitably replaced in the interest of law and equity as well as society and justice.

(IV) The Heads of Departments/Sr. Lecturers, Deputy Directors (at Directorate of Technical Education and Training, Cuttack), Deputy Secretaries (at State Council for Technical Education and Vocational Training, Bhubaneswar), who have completed 06 years at Cuttack and Bhubaneswar, may be transferred to KBK and other remote/backward districts of Odisha and the Heads of Departments/Sr. Lecturers continuing as Principal of it is (Class-I Jr. posts) since last 06 years or more, may be returned back to the Govt. Polytechnics.

(V) To pass such other order/direction as deem fit and proper to the fact and circumstance of the case.”

3. It is contended on behalf of the Petitioner that the posts of Heads of Department (Engineering/Technology) should be filled up by direct recruitment as per the norms fixed by All India Council for Technical Education (AICTE), Government of India and not by promotion as per Orissa Technical Education and Training Service Rules, 1985 (hereinafter stated as “OTE&TS Rules, 1985”). It is further contended that AICTE Act came into force in 1987 and it has published the norms from time to time with regard to qualification and conditions of service with regard to different posts relating to technical education. The said Act being a Central Legislation is binding and has overriding effect on the said Rules. But unfortunately the Government of Odisha neither changed the cadre rule nor followed the norms prescribed by AICTE for recruitment of Senior Lecturers and Heads of Department in different disciplines of Government Engineering Schools and Polytechnics in Odisha. In contravention to the conditions and norms prescribed by AICTE, the posts of Heads of Department/Senior Lecturers have been filled up in a faulty way of promotion by Government of Odisha following OTE&TS Rules, 1985. The Petitioner has named several persons in the body of the writ petition to say that they have been appointed as Principals, Deputy Secretaries and Senior Lecturers in different Polytechnics Schools in the State of Odisha, who have not acquired qualification as per AICTE norms. It is further stated that those appointments have been made like political appointments. It is thus submitted that the present promotional system under the OTE&TS Rules, 1985 being a faulty one, the AICTE norms/guidelines should be implemented to get better incumbents in the technical education service, particularly in the field of Polytechnics education.

4. The State-Opposite Parties have filed their counter refuting the contention of the Petitioner. It is submitted that AICTE Act has been framed under Entry 66, List-I of 7th Schedule of the Constitution whereas OTE&TS Rules, 1985 has been framed under Article 309 of the Constitution as pe