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2026 Supreme(Online)(Mad) 40933
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
V.Lakshmikandhan – Appellant
Versus
Chairman All India Council for Technical Edcuation – Respondent
WP No. 16184 of 2026|WMP.Nos.17406, 17407 & 17408 of 2026
For the Appellants/Petitioners: Mr.V.Lakshmikandhan (P-in-P)
For the Respondents: Mr.Rabu Manohar for R1, Mr.M.R.Gokulakrishnan for R2 to R4, Additional Government Pleader
Court directs authority to consider pending representations on merits and in accordance with law within a fixed timeframe.
Headnote:First Paragraph: Statute Analysis: The petition invokes Article 226 of the Constitution of India and refers to Article 14 regarding equality before law. Facts of the Case: The petitioner, a faculty member, seeks to pursue full-time Ph.D. under the AICTE QIP scheme on deputation with full salary. The petitioner alleges that removal of the clause requiring deputation and salary payment by the parent institution from 2022 violates Article 14. Representations dated 05.06.2025 and 18.01.2026 are pending.
Findings of Court:
The court declines to examine merits and directs consideration of representations on their own merit within eight weeks. Second Paragraph:
Issues: Whether the court should direct the respondents to permit the petitioner to pursue Ph.D. under the AICTE QIP scheme on deputation with full salary.
Ratio Decidendi: The court emphasizes that representations must be considered in accordance with law without prejudice to merits. Last Paragraph:
Result: This writ petition is disposed of with directions to the first respondent within a period of eight weeks.
| Table of Content |
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| 1. facts and grounds seeking directions for ph.d. admission on deputation. (Para 1 , 2 , 3) |
| 2. directions issued to consider representations within eight weeks. (Para 5) |
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
2. This Writ Petition has been filed seeking a direction, directing the first respondent herein to issue a corrigendum by considering representation of the petitioner dated 5.06.2025 , 18.01.2026 consequently direct the second , third, fourth respondent herein to permit the petitioner to study full time Ph.D., under AICTE QIP scheme on deputation with full salary without considering break in service in accordance with law.
3. It is the case of the petitioner that Quality Improvement Programme is to upgrade the expertise and capabilities of the faculty members of the degree and diploma level institutions in the country. It enables full time regular/permanent faculty members of AICTE approved institute to pursue Master's and Ph.D. Degrees at QIP centre. In the year 2022, the clause containing that “the candidate is selected and admitted, should be on deputation and his/her salary and allowances are to be paid by the parent institution” The said clause was removed from the year 2022. The petitioner has requested to pursue Ph.D., under AICTE QIP scheme (during 2024, 2025) citing leave rules. It is the grievance of the petitioner that the removal of clause is violation of Article 14 of Constitution of India. Hence, the petitioner sent representations on 05.06.2025 & 18.01.2026 to the third respondent seeking No Objection Certificate to apply and study full time Phd under AICTE QIP scheme, which is pending before the third respondent. Hence, writ petition is filed seeking to permit the petitioner to study full time PhD under AICTE QIP scheme on deputation with full salary without considering break in service.
4. Heard both sides and perused the materials available on record.
5. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the 1st respondent to consider the representations of the petitioner dated 05.06.2025 & 18.01.2026 and pass appropriate orders on own merit and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
6. In view of the above, this writ petition stands disposed of. No costs.
