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2026 Supreme(Online)(Ker) 18497

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Harisankar V. Menon, J
DR.ANAND SEKHAR.R – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) Nos.1934, 2195, 2208 & 2845/2023



Advocates:
For the Appellants/Petitioners: S. Mohammed Al Rafi, Thajuna Maria Francis
For the Respondents: Sajith Kumar V., S.L. Sylaja, Elvin Peter

AICTE Regulations regarding advance increments for Ph.D. holders are binding on the State Government and cannot be overridden by administrative letters or government orders.

Headnote:The petitioners, Assistant Professors in aided Engineering Colleges, sought the benefit of advance increments as prescribed under the All India Council for Technical Education Regulations, specifically Regulation 2.22, which provides five non-compoundable advance increments for those with a Ph.D. at entry and three for those obtaining it during service. The petitioners challenged Government Order Ext.P7 dated 19.10.2022, which denied these increments based on a Ministry of Human Resource Development letter dated 02.11.2017 stating that incentives are already built into the pay structure. The core issue was whether the State Government could ignore AICTE Regulations to deny advance increments. The court reasoned that AICTE Regulations are binding on the State Government, citing precedents including Suresh K. (Dr.) and Others v. State of Kerala and Others and Ajal Ramakrishnan v. Athira I.C., thereby concluding that the reliance on the MHRD letter to override the Regulations was incorrect. Resultantly, these writ petitions would stand allowed, setting aside Ext.P7 Government Order dated 19.10.2022 and the consequential notice at Ext.P8 issued relying on the Government Order.

Table of Content
1. entitlement to advance increments under aicte regulations for ph.d. holders. (Para 1 , 3)
2. aicte regulations are binding on the state government. (Para 4 , 5 , 6)

WP(C) NO.1934 OF 2023

PETITIONERS:

1 DR.ANAND SEKHAR R.,

AGED 48 YEARS, S/O M.R.RAJASEKHARAN NAIR,

ASST.PROFESSOR, TKM ENGINEERING COLLEGE, KOLLAM

RESIDING AT TC 32/166, GOWRISANKARAM, NO.48,

KAMALAGARDENS, PEROORKADA P.O.,

TRIVANDRUM, PIN 695005.

2 DR.ANZAR S.M.,

AGED 43 YEARS, S/O M. SHARAFUDEEN THAHA,

ASST.PROFESSOR, TKM ENGINEERING COLLEGE, KOLLAM,

RESIDING AT VAZHAVILA VEEDU, NEAR HSS FOR BOYS,

VALAKODE P.O, PUNALLUR, KOLLAM, PIN 691331.

3 DR. ANU N.,

AGED 51 YEARS, S/O ACHUTHAN NAMBOOTHIRI,

ASST.PROFESSOR, TKM ENGINEERING COLLEGE, KOLLAM

RESIDING AT NARANIYAT ILLAM, FAROOK COLLEGE P.O.,

KOZHIKODE, PIN 673632.

4 DR. MUBARAK ALI M.,

AGED 48 YEARS, S/O M.A.MOHAMED ALI, ASST.PROFESSOR,

TKM ENGINEERING COLLEGE, KOLLAM RESIDING AT NO.8,

ABUBAKKAR STREET, NANDHAVANAM, AYYAMPETTAI,

THANJAVOOR DISTRICT, TAMILNADU, PIN 614201.

BY ADVS.

SRI.S.MOHAMMED AL RAFI

SMT.THAJUNA MARIA FRANCIS

RESPONDENTS:

1 STATE OF KERALA,

REPRESENTED BY ITS SECRETARY,

FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,

THIRUVANANTHAPURAM, PIN 695001.

2 THE SECRETARY

HIGHER EDUCATION DEPARTMENT,

GOVERNMENT SECRETARIAT,

THIRUVANANTHAPURAM, PIN 695001.

3 THE DIRECTOR, DIRECTORATE OF TECHNICAL EDUCATION,

VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN 695033.

4 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,

REPRESENTED BY ITS SECRETARY, NELSON MANDELA MARG,

VASANT KUNJ, NEWDELHI, PIN 110070.

5 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,

REPRESENTED BY ITS REGISTRAR, CET CAMPUS,

THIRUVANANTHAPURAM, PIN 695016.

BY ADV SRI.SAJITH KUMAR V.

OTHER PRESENT:

SMT. SYLAJA S.L.,GP

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.02.2026, ALONG WITH WP(C) NOS.2195/2023, 2208/2023 AND CONNECTED CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO.2195 OF 2023

PETITIONER:

DR. SURYA S.S.,

AGED 34 YEARS, D/O MR. SURENDRADHAN NAIR M.,

ASST.PROFESSOR, NSS COLLEGE OF ENGINEERING, PALAKKAD,

RESIDING AT SANDA NIVAS, ARUNOOTTIMANGALAM P.O.,

KADUTHURUTHY, KOTTAYAM, PIN 686604.

BY ADVS.

SRI.S.MOHAMMED AL RAFI

SMT.THAJUNA MARIA FRANCIS

RESPONDENTS:

1 STATE OF KERALA,

REPRESENTED BY ITS SECRETARY,

FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,

THIRUVANANTHAPURAM, PIN 695001.

2 THE SECRETARY,

HIGHER EDUCATION DEPARTMENT,

GOVERNMENT SECRETARIAT,

THIRUVANANTHAPURAM, PIN 695001.

3 THE DIRECTOR,

DIRECTORATE OF TECHNICAL EDUCATION,

VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN 695033.

4 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,

REPRESENTED BY ITS SECRETARY, NELSON MANDELA MARG,

VASANT KUNJ, NEWDELHI, PIN 110070.

5 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,

REPRESENTED BY ITS REGISTRAR, CET CAMPUS,

THIRUVANANTHAPURAM, PIN 695016.

6 THE CHIEF SECRETARY,

GOVERNMENT SECRETARIAT,

THIRUVANANTHAPURAM, PIN 695001.

BY ADVS.

SMT.S.L.SYLAJA, GOVERNMENT PLEADER

SRI.SAJITH KUMAR V.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.02.2026, ALONG WITH WP(C)NO.1934/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO.2208 OF 2023

PETITIONER:

DR.LEENA N.,

AGED 42 YEARS, D/O MR. A. P. NARAYANAN KUTTY NAIR,

ASST.PROFESSOR, NSS COLLEGE OF ENGINEERING, PALAKKAD,

RESIDING AT SWASTHI, SHANTINAGAR LANE 2,

NSS ENGINEERING COLLEGE ROAD, AKATHETHARA,

PALAKKAD, PIN 678008.

BY ADVS.

SRI.S.MOHAMMED AL RAFI

SMT.THAJUNA MARIA FRANCIS

RESPONDENTS:

1 STATE OF KERALA,

REPRESENTED BY ITS SECRETARY,

FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,

THIRUVANANTHAPURAM, PIN 695001.

2 THE SECRETARY,

HIGHER EDUCATION DEPARTMENT,

GOVERNMENT SECRETARIAT,

THIRUVANANTHAPURAM, PIN 695001.

3 THE DIRECTOR,

DIRECTORATE OF TECHNICAL EDUCATION,

VIKAS BHAVAN, THIRUVANANTHAPU

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