IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE WRIT PETITION No. 7483 of 2012 M.P.S.YADAV Versus UNION OF INDIA Appearance:

Shri Manoj Pratap Singh Yadav - Advocate for the petitioner.

Shri Shyam Kishor Singh Jadon – Advocate for the respondent.

Ms Dimpal Vyash - Advocate appeared for respondent/Int.

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Reserved on 19/11/2024 Delivered on 11/12/2024 --------------------------------------------------------------------------------

ORDER

1. The present petition under Article 226 of the Constitution of India is not directed against any particular order, but has been preferred against the advertisement dated 31.01.2012, whereby applications have been called for appointment on the post of Assistant Proffessors in Indian Institute of Tourism and Travel Managemnt (IITTM).

2. The aforesaid advertisement has been challenged by the petitioner on the ground of change in the qualifications to eliminate the candidature of the petitioner and other similarly situated candidates, though the respondent had offered All India Council of Technical Education (AICTE) approved Post Gradutate Diploma in Management (PGDM) Programme and, therefore, was bound to follow their norms for selection and though it had claimed that it had followed the norms of the University Grants Commission, however, neither the norms as laid down by AICTE were followed nor the norms of UGC which they had claimed to be following, was followed. Further, the changes in the qualifications made by the respondents were also not approved by the concerned authorities. Thus, due to the arbitrary decision of the respondents, the candidature of the petitioner and alike had been frustrated.

3. The short facts of the case are that on 31.01.2012 the respondents issued an advertisement for filling up 19 post of Assistant Proffessors and in the said advertisement essential qualifications mentioned were to be as per the UGC guidelines and as per the UGC regulations on minimum qualifications for teachers in the faculties of Agriculture and Veterinary Science, the norms/regulations of Indian Council of Agricultural Research, for Medicine, Dentistry, Nursing and AYUSH, the norms/regulations of Ministry of Health and Family Welfare, Government of India, for Faculty of Education, the norms/regulations formulated in consultations with National Council of Teacher Education; for Engineering and Technology, Pharmacy and Management/Business Administration, the norms/regulations formulated in consultations with All India Council for Technical Education; and the qualifications in the filed of rehabilitation and special education at Degree, PG Diploma and Masters level, the norms/regulations formulated in consultations with Rehabilitation Council of India, shall apply and as per the UGC regulation 4.4.5, the qualifications for the post of Assistant Proffessors should be (I) First Class masters degree in Business Management/Administration/ in a relevant management related discipline or first class in two years full time PGDM declared equivalent by AIU/accredited by the AICTE/UGC; or first class gradute and professionally qualified Charted Accountant/Cost and Works Accountant/Company Secretary of the concerned statutory bodies.

4. It is also desirable that (a) Teaching, research, industrial and/or professional experience in a reputed organization; (b) Papers presented at Conferences and/or published in refered journals would be in addition and as per the gazzette notification part III Section Part-4 of AICTE dated 05.03.2010, norms for faculty position in Management were “First class or equivalent in Masters Degree in Business Administration or equivalent and 2 years relevant experience was desirable. However, the respondent is a Tourism Education Institute and tourism programmes, in some cases offered in the faculties/departments of social science in some universities and colleges and in th