Back
2025 Supreme(Online)(KER) 12054
HIGH COURT OF KERALA
N. NAGARESH, J
JITHIN PREM. S – Appellant
Versus
THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION – Respondent
WP(C) NO. 4701 OF 2025
For the Appellants/Petitioners: S.SUJIN
For the Respondents: SAJITH KUMAR V, SMT. ANIMA M.
Exclusion from Pre-PhD NOC based on choice of minor centers upheld; no discrimination found as per QIP guidelines.
Headnote:(A) Writ Jurisdiction - The Quality Improvement Program (QIP) - Exclusion from final list for NOC for Pre-PhD - Petitioners, Assistant Professors in Government Engineering Colleges, excluded for opting minor centers, lack of categorization as major or minor centers unfounded. (Paras 2-3)
(B) Government Orders - Eligibility criteria for PhD program - Petitioners did not apply to major centers; thus, exclusion justifiable under Ext.R3(b) Government Order. (Paras 4-5)
(C) Discrimination - No evidence of discriminatory treatment as per established guidelines. (Paras 8-9)
Facts of the case:
Petitioners sought inclusion in NOC list for Pre-PhD under QIP after being interviewed, but were excluded based on their choice of minor centers.
Findings of Court:
Court found no discrimination or unfair exclusion, holding the Government's policy valid and applicable.
Issues: Whether the exclusion of petitioners from the NOC list constitutes discrimination under the current guidelines? Is there a legitimate basis for the distinction between major and minor centers?
Ratio Decidendi: The Court held that the petitioners did not meet prerequisites for PhD admission under QIP since they failed to apply to major centers, thus affirming no discriminatory practice.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. eligibility criteria for noc under qip (Para 1 , 2 , 3) |
| 2. defenses against exclusion from qip list (Para 4 , 5) |
| 3. court's findings on discrimination and application rules (Para 6 , 7 , 8 , 9) |
JUDGMENT
The petitioners, who are working as Assistant Professors in various Government Engineering Colleges in Kerala, have filed this writ petition seeking to direct the 2nd respondent to include the petitioners in the final list of candidates, who are selected for grant of NOC for Pre- PhD, which is annexed along with Ext.P5 order.
2. The petitioners state that the Government of India launched Quality Improvement Program (QIP) whereunder sponsored Teachers are eligible for admission to Doctoral Degree Program. The petitioners applied for PhD for the academic year 2024-2025 under the QIP. The petitioners were included in the list of faculty members eligible to apply for PhD / Pre-PhD. The 1st petitioner opted the College of Engineering, Thiruvananthapuram and petitioners 2 and 3 preferred Rajiv Gandhi Institute of Technology, Kottayam as their first choice. The petitioners attended interview. However, the name of the petitioners stood excluded in Ext.P5 list.
3. The petitioners state that they were excluded on the ground that the College of Engineering, Thiruvananthapuram and Rajiv Gandhi Institute at Kottayam opted by them are minor QIP Centres. The petitioners would submit that there is no categorisation as major and minor Centres as of now and therefore denial of NOC to do PhD to the petitioners is unsustainable.
4. The 3rd respondent-Director of Technical Education resisted the writ petition filing counter affidavit. The 3rd respondent stated that under the QIP, the Government of Kerala allow faculty members in Government and Aided Engineering Colleges to pursue PhD Program at selected Institutions on deputation basis with full pay and allowances. Selection is made by a Screening Committee. As per Ext.R3(a) GO dated 10.02.2017, deputation under QIP can be only to NITs in the country, College of Engineering, Thiruvananthapuram and Government Engineering College, Thrissur, subject to a condition that faculty members working in a particular minor Centre shall not be allowed to register in the same Centre.
5. As per Ext.R3(b) GO dated 17.11.2020, the Government decided to depute Assistant Professors to minor Centres only if those Assistant Professors are declined admission to PhD Program by major Centres like IITs, IIScs and NITs. The petitioners have not applied to any major Centres for PhD Program. The petitioners have not been discriminated, urged the 3rd respondent.
6. I have heard the learned counsel for the petitioners, the learned Standing Counsel representing the 1st respondent and the learned Government Pleader appearing for respondents 2 to 5.
7. The 1st petitioner is working as Assistant Professor in the Government Engineering College, Barton Hill, Thiruvananthapuram. The 2nd petitioner is working as Assistant Professor in the Government Engineering College, Kottayam. The 3rd petitioner is working as Assistant Professor in Government Engineering College, Thrissur. In response to Notification for admission to PhD for the academic year 2024-2025 under the QIP, the petitioners submitted applications. The 1st petitioner opted for College of Engineering, Thiruvananthapuram. The 2nd and 3rd petitioners preferred Rajiv Gandhi Institute of Technology, Kottayam, as their first choice. The petitioners' name stood excluded.
8. The GO dated 10.02.2017 provides that the deputation under QIP can be only to NITs in the country, College of Engineering, Thiruvananthapuram and Government Engineering College, Thrissur subject to the condition that faculty members working in a particular minor Centre shall not be allowed to register in the same Centre. Therefore, petitioners 1 and 3 cannot be permitted to undergo QIP Program at Government Engineering College, Thiruvananthapuram and Government Engineering College, Thrissur as they are f
