IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 36468 of 2009(C) -------------------------------------- PETITIONER: ------------------- SUJITH.D.K, S/O.T.K. RAMAKRISHNAN, AGED 28 YEARS, SREESADAN, EDAYANNUR.P.O, KANNUR - 670 595. BY ADVS. SRI.V.C.JAMES, SRI.GEORGE MECHERIL. RESPONDENTS: ------------------------ 1. THE DIRECTOR, CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION, BANK TOWERS, VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, CO-OPERATIVE INSTITUTE OF TECHNOLOGY, VADAKARA. 3. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE), NEW DELHI, REPRESENTED BY ITS REGIONAL OFFICER, CHENNAI. R1 & R2 BY SRI.C.UNNIKRISHNAN,S.C, R3 BY SRI.S.KRISHNAMURTHY,S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.36468/2009-C: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE P.G. DEGREE CERTIFICATE. EXT.P.2: COPY OF THE GRADE SHEET OF SEMESTER 1 TO 4. EXT.P.3: COPY OF THE BE DEGREE CERTIFICATE. EXT.P.4: COPY OF THE MARK SHEET IN BE DEGREE EXAMINATION FOR SEMESTER V TO VII. EXT.P.5: COPY OF THE EXPERIENCE CERTIFICATE DTD. 31/01/2008 ISSUED BY THE PRINCIPAL OF THE SAID COLLEGE. EXT.P.6: COPY OF THE NOTIFICATION PUBLISHED IN THE MATHRUBHOOMI DAILY DTD. 14/06/2008. EXT.P.7: COPY OF THE COMMUNICATION NO. E1-1928/2008/CAPE DT.D07/08/2008. EXT.P.8: COPY OF THE APPOINTMENT ORDER NO. E1-3637/2008/CAPE/3160 DTD. 25/11/2009. EXT.P.9: COPY OF THE RELIEVING ORDER DTD. 30/11/2009 ISSUED BY THE MANAGER VIMAL JYOTHI ENGINEERING COLLEGE, CHEMPERI. EXT.P.10: COPY OF THE ORDER NO. E1-3637/2009/CAPE/2316 DTD. 08/12/2009. EXT.P.11: COPY OF THE A.I.C.T.E NORMS PRESCRIBED FOR APPOINTMENT FOR TEACHING POSTS. EXT.P.12: COPY OF THE NOTIFICATION ISSUED BY THE M.G. UNIVERSITY. EXT.P.13: COPY OF THE DETAILS OF ONE MS. S. GEETHA DOWNLOADED FROM THE INTERNET. EXT.P.14: COPY OF THE DETAILS OF MS. S. UMA MAHESWARI DOWNLOADED FROM THE INTERNET. EXT.P.15: COPY OF THE ADVT. NO:N4/1/10 OF THE P.S.G COLLEGE, COIMBATORE. EXT.P.16: COPY OF THE LIST OF RESEARCH GUIDES PUBLISHED BY THE CALICUT UNIVERSITY. RESPONDENT'S EXHIBIT:- EXT.R2.A: COPY OF THE RELEVANT PORTION OF THE `CACUTY NORMS' PRESCRIBED BY AI.C.T.E. //TRUE COPY// P.A. TO JUDGE Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.36468/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 20th day of December, 2011 J U D G M E N T Challenging the cancellation of appointment granted by the first respondent as per Ext.P8, by Ext.P10 order, the petitioner has filed this writ petition. 2. The short question that arises for consideration is whether the petitioner was having the qualification in the appropriate branch. Going by the All India Council for Technical Education (AICTE) Norms Ext.P11, the required qualification in the cadre of Lecturer is “first class Master's Degree in the appropriate branch of Engineering/Technology”. The petitioner was appointed as a Lecturer in Electrical and Electronics Engineering as per Ext.P8 order. His qualification is M.Tech Degree in Applied Electronics which, according to the petitioner, satisfies the requirements of the norms Ext.P11. 3. In Ext.P10, the reason stated is that even though the petitioner possesses second class B.Tech W.P.(C). No.36468/2009 -:2:- Degree in Electrical and Electronics Engineering and first class M.Tech Degree in Applied Electronics, it is not a sufficient qualification prescribed by the AICTE for the post of Lecturer in Electrical and Electronics Engineering in Engineering Colleges. 4. The learned Standing Counsel for the AICTE has filed counter affidavit dated 20/06/2011 wherein in para.4 it is stated as follows: “With reference to the writ petition filed by Sujith D.K., the eligibility for the post of Lecturer was B.E/B.Tech and M.E/M.Tech with 1st class either in B.E./B.Tech or M.E./M.Tech with appropriate branch. As instructed by HQ of AICTE, the M.Tech in Applied Electronics is under Electrical and Electronic Engineering. However, from the academic year 2010-11 the post of Lecturer has been abolished and the minimum entry level is Asst.Professor.” The above averment will show that the M.Tech in Applied Electronics is under Electrical and Electronic W.P.(C). No.36468/2009 -:3:- Engineering. Therefore, his appointment as per Ext.P8 was valid. 5. The learned counsel for the first respondent submitted that only for want of proof regarding the qualification, the petitioner was not allowed to join duty. Since the first respondent was of the view that the petitioner's qualification was not in tune with the norms of the A.I.C.T.E. and, now that the said aspect is cleared from the AICTE, there cannot be any dispute that the petitioner is having the required qualification and the appointment was valid. 6. In that view of the matter, Ext.P10 will stand quashed. There will be a direction to respondent Nos.1 and 2 to permit the petitioner to join duty for which a due intimation will be given by them within two weeks from the date of receipt of a copy of this Judgment. The writ petition is allowed to that extent. No costs. (T.R. Ramachandran Nair, Judge.) ms