Can Associate Professors Be Demoted For Lack Of Ph.D? Supreme Court Issues Notice

The Supreme Court on Friday issued notice on a special leave petition challenging a Kerala High Court judgment which held that Ph.D is mandatory for Associate Professor posts in technical institutions after 05.03.2010 as per AICTE regulations.

A bench comprising Justices Sanjay Kishan Kaul and Hemant Gupta has sought the responses of the All India Council for Technical Education, State Government and Director of Technical Education (Jiji KS v Shibu K ,Diary No.11284/2021).

The bench headed by Justice Kaul was hearing the challenge to the impugned judgment dated 03-12-2020 whereby a Division Bench of the High Court came to a finding that Rule 6A(ii) of the Special Rules for Kerala Technical Education Service, 1967 (Special Rules) is not applicable after 5/3/2010.

The said Rule, added in 2003, had granted seven years time to acquire the PhD qualification.

Rule 6A(ii) of the Special Rules reads as follows:

"Candidates applying for the post of Assistant Professor are exempted from possessing Ph.D. Degree but they have to acquire Ph.D. Degree within seven years of the appointment to the post of Assistant Professor as stipulated by the All India Council for Technical Education".

Petitioners' arguments

The petitioners, three Associate Professors in Engineering Colleges, approached the Supreme Court through Advocate Mohammed Sadique apprehending that the High Court's judgment will result in their demotion.

Senior Advocate Jaideep Gupta, representing the petitioners, pointed out that the Supreme Court in 2016 had held that the said Rule 6A(2) was in consonance with AICTE Regulations(order dated 26.04.2016 in Civil Appeal No.4604/2016). It was in implementation of the said judgment that the petitioners were promoted as Associate Professors. The judgment was implemented pursuant to contempt petitions filed by the petitioners.

The senior counsel argued that the impugned judgment of the High Court was rendered without noticing the 2016 Supreme Court judgment which had upheld Rule 6A(ii).

It is his case that the persons who have already benefited from the judgments of the Supreme Court cannot now be reverted in view of the impugned judgment.

"The impugned order which wrongly interprets the AICTE mandate and clearly deviates from the AICTE prescription will not only unsettle the promotions of the petitioners but lays down a wrong law and therefore is required to be set aside by this Hon'ble Court", their petition said.

While considering the validity of Rule 6A(ii) of the Special Rules, which was upheld by the Supreme Court in 2016, the High Court ought to have proceeded with more caution and appreciated all the regulations issued by AICTE from time to time, the petitioners argued.

SC had earlier dismissed SLP filed against HC judgment

Interestingly, in February this year, a bench headed by Justice Kaul had upheld the very same impugned judgment of the High Court, by dismissing the SLPs filed against it.

"We are in agreement with the view that the notification dated 18.02.2003 granting seven years to acquire PhD. Degree for the right to hold the post of Associate Professors (re-designated as Assistant Professors) would come to an end in 2010 and thus persons who acquire the PhD. Degree on a subsequent date will only be eligible for consideration from the date when they acquire PhD. Degree", the bench had said in its order passed on February 03, 2021.

However, in the present SLP, the Court is considering the issue whether persons, who have already been promoted as Associate Professors following the Supreme Court judgment, can be reverted on the basis of the impugned judgment of the High Court.

Ph.D Mandatory For Associate Professor Post(Re-designated as Assistant Professor) In Technical Institutions As Per AICTE Regulations After March 5, 2010: Supreme Court

High Court's judgment

In the impugned judgment of the High Court, a division bench comprising Justices AM Shaffique and P Gopinath had held as follows :

"Rules 6A(i) and 6A(ii) have no application beyond 5-3-2010, the date on which "Pay Scales, Service Conditions and Qualifications for The Teachers And Other Academic Staff In Technical Institutions Degree Regulations, 2010" were issued by the AICTE. In other words, 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 also held that the Kerala Technical Education Service Rules framed by the State under Article 309 of the Constitution of India read with the provisions of the Kerala Public Services Act, 1968 will be subject to Regulations framed by the AICTE regarding the qualifications, method of appointment etc. and the Rules framed by the State would, to the extent it is repugnant to the Central Act/Regulations, be void and inoperative. The AICTE Regulations have to be followed even in the absence of any enabling Rule or Regulation in the State Rules.

Click here to read/download the SC order