The Supreme Court has decided to examine an appeal against a Kerala High Court decision that Ph.D is necessary to retain associate professorship in technical colleges after March 5, 2010.
A Bench led by Justice S.K. Kaul has issued notice to the All India Council for Technical Education (AICTE), State of Kerala and the Director of Technical Education.
The High Court had held that “after 5-03-2010, the qualification of Ph.D is mandatory for the posts of Principals, Professors and Associate Professors (re-designated post of Assistant Professor).”
The High Court had held that a Rule which gave seven years’ leeway to Assistant/Associate Professors to obtain their Ph.D expired on March 5, 2010.
Rule 6A(ii) of the Special Rules for Kerala Technical Education Service, 1967 (Special Rules) was introduced in 2003. The High Court held that it was not applicable after the cut-off date of March 5, 2010.
Three Associate Professors have approached the apex court, saying that making the Rule redundant would lead to their demotion. Besides, they argued that the Supreme Court had itself, in April 2016, said the Rule was in tune with the AICTE regulations.
“Learned senior counsel for the petitioners submits that the effect of the impugned order [of the High Court] would result in the demotion of the petitioner[s] even though in their own petitions they have succeeded before the Supreme Court and those orders were implemented in pursuance to the directions passed in contempt proceedings. It is his case that the persons who have already benefited from the judgments of the Supreme Court cannot now be reverted,” the Supreme Court recorded in its recent order.
The court further impleaded the AICTE as a party in the case.