ORAL JUDGMENT

Date : 02-02-2022 Whether a Faculty from Humanities and Sciences can be considered eligible for the post of Principal/Director of a Technical Institute governed by All India Council of Technical Education Act, 1987 and the Regulations framed thereunder is the core issue for determination in the present writ application.

2. The petitioner is a Lecturer in the subject of Physics at Government Polytechnic, Bhojpur. He holds M.Sc. Degree in Physics and PhD in the said subject. The Bihar Public Service Commission has issued Advertisement No. 13 of 2020 and 15 of 2020 for filling up posts of Principles in Government Polytechnics and Government Engineering Colleges, under the Department of Science and Technology, Government of Bihar.

3. The advertisement for the post of Principal for Polytechnic College (Advertisement No. 13 of 2020) lays down the following eligibility condition in terms of educational qualification: -

“First Class at Bachelor’s or Master’s level in the relevant discipline (Engineering/Technology related branch).”

4. The advertisement for the post of Principal in Government Engineering College (Advertisement No. 15 of 2020), on the other hand, lays down the following minimum educational qualification: -

“PhD. Degree and First Class or equivalent at either Bachelor's order Master's level in the relevant Branch (Engineering/

Technology related branch)

5. As has been noted above, the petitioner holds a qualification in Physics, a science subject, but does not qualify in terms of the advertisement, according to which, the qualification in Engineering/Technology is must to be eligible to be considered for the said post.

6. The petitioner has challenged the aforesaid two advertisements to the extent they lay down minimum educational qualification of Engineering and Technology related branch only. It is the petitioner’s case that the said prescription in the advertisements is contrary to the provisions under All India Council for Technical Education Regulations on Pay Scales, Service Conditions and Minimum Qualifications for Appointment of Teachers and Other Academic Staff such as Library and Physical Education Personnel in Technical Institutions and Measures for the Maintenance of Standards in Technical Education – (Diploma) Regulations, 2019 (hereinafter referred to as the ‘AICTE (Diploma) Regulation, 2019’) and the All India Council for Technical Education Regulations on Pay Scales, Service Conditions and Minimum Qualifications for Appointment of Teachers and Other Academic Staff such as Library and Physical Education and Training & Placement Personnel in Technical Institutions and Measures for the Maintenance of Standards in Technical Education – (Diploma) Regulations, 2019 (hereinafter referred to as the ‘AICTE (Degree)

Regulation, 2019’).

7. Regulation 4.7 of the AICTE (Diploma) Regulation, 2019, lays down the educational qualification for Principal through direct recruitment as under: -

“4.7(a) Direct Recruitment PhD and First Class at either Bachelor's or Master's level in the relevant discipline with a minimum of 16 years of experience in Teaching/Research/Industry, out of which at least 3 years shall be post-PhD experience and 5 years of experience not below the level of HoD.

Or First Class at Bachelor's or Master's level in the relevant discipline with a minimum of 20 years of experience in Teaching/Research/Industry, out of which 5 years of experience not below the level of HoD."

8. Regulation 5.2(f) of AICTE (Degree) Regulation, 2019 prescribes qualification for direct recruitment of Principal/Director of a technical institution governed by the said regulation as under: -

5.2(f) Qualifications for Direct Recruitment of Principal/Director a. PhD degree and First Class or equivalent at either Bachelor's or Master's level in the relevant branch.

b. At least two successful Ph. D. guided as Supervisor/Co-Supervisor and minimum 8 research publications in SCI journals/UGC/AICTE approved list of journals.

c. Minimum 1