HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 15671/2013

Dr Alok Vyas Son of Dr. Suraj Kishan Vyas, aged about 38 years,

resident of 6-Sa-1, Pawan Puri South Extension, Bikaner,

Rajasthan

----Petitioner

Versus

1. State of Rajasthan through Secretary, Department of

Technical Education, Government of Rajasthan, Secretariat,

Jaipur;

2. Director, Directorate of Technical Education, Directorate of

Technical Education, W-6, Gaurav Path (Residency Road)

Jodhpur-342032.

3. All India Council for Technical Education throgh its Secretary,

7^th Floor, Chanderlok Building, Janpath, New Delhi

4. The Principal, Government Women Polytechnic College,

Bikaner.

----Respondents

For Petitioner(s)

:

Mr. Amol Vyas

For Respondent(s)

:

Mr. Vinod Kumar Gupta, Addl.GC

Mr. Hari Kishan Saini, Dy. GC

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment

11/02/2021

REPORTABLE

1.

Heard learned counsels finally at this stage.

2.

The petitioner has preferred this writ petition with the

following prayer:-

“It is, therefore, most humbly prayed that this

Hon’ble Court may very graciously be pleased to

accept and allow this writ petition and issue and

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[CW-15671/2013]

appropriate writ, order or direction or in the

nature thereof:

(i)

to direct the respondent to treat the

petitioner equivalent to the Persons (Lecturers)

holding M.Tech Qualification in appropriate

branch/discipline for the purpose of fixing the

pay structure as per the Notification dated

05.03.2010 and not to discriminate between the

two qua the Academic Grade Pay;

(ii)

the Respondents be directed to grant

Academic Grade Pay as per Notification date

05.03.2010 of Rs. 6000/- to the Petitioner from

the date of his appointment, which is being paid

to the Lecturers of Engineering Branch holding

Masters Degree, after completion of the

probation period;

(iii)

to direct the respondent not to treat

petitioner equivalent to the Persons (Lecturers)

holding B.E./B. Tech Qualification in appropriate

branch/discipline;

(iv)

the Office Order dated 30.05.2011 be

directed to be modified accordingly wherein the

petitioner be granted Grade Pay of Rs. 6000/- as

aforestated;

(v)

any other order or direction which this

Hon’ble Court may deem just and proper in the

facts and circumstances of the case and in the

interest of justice, may also kindly be passed in

favour of the petitioner with costs.”

3.

Learned counsel for the petitioner submits that the

qualification for appointment on the post of Lecturer in Science

and Humanities as per the All India Council for Technical Education

(Pay Scales, Service Conditions and Qualifications For the Teachers

and Other Academic Staff in Technical Institutions (diploma)

Regulations, 2010 (hereinafter referred to as “the Regulations

of 2010”) is “First class Masters degree in appropriate subject

with first class or equivalent at Bachelor’s or Master’s level” while

the minimum qualification for appointment of Lecturer in

(3 of 9)

[CW-15671/2013]

Engineering and Technology is “Bachelor’s Degree in

Engineering/Technology in the relevant branch with First Class or

equivalent and if the candidate has a Master’s degree in

engineering/Technology, first class or equivalent is required at

Bachelors or Masters level”.

4.

The petitioner had completed his Masters Degree (M.Sc) in

Chemistry faculty and under the advertisement issued by the

RPSC dated 11.05.2007 the petitioner was appointed on

27.01.2009 as a Lecturer in Chemistry Department of Technical

Education although the Regulations of AICTE Notification dated

05.03.2010 were not made retrospective. The State Government

vide its Notification dated 01.09.2010 made the Rajasthan Civil

Services (Revised Pay Scales for Government Polytechnic College

Teachers, Librarians and Physical Training Instructor) Rules, 2010