DR. Jiji K.S. & Ors. Vs Shibu K & Ors. (Supreme Court of India)
The Supreme Court considered appeals arising from a prolonged dispute concerning promotions in the Kerala Technical Education Service following the introduction of Rule 6A of the Kerala Technical Education Service (Amendment) Rules, 2004.
Rule 6A, inserted on 18 September 2004, provided exemptions relating to the requirement of a Ph.D. qualification. Rule 6A(i) exempted candidates appointed as Lecturers in Engineering Colleges on or before 27 March 1990, who had completed 45 years of age on the relevant notification date, from acquiring a Ph.D. for eligibility to the posts of Professor, Joint Director (Engineering College Stream), and Director of Technical Education. Rule 6A(ii) exempted candidates applying for the post of Assistant Professor from possessing a Ph.D. at the time of appointment, subject to acquiring the qualification within seven years, in accordance with AICTE stipulations.
The Court noted that the amendment was introduced in compliance with AICTE notifications. The notification dated 15 March 2000 prescribed a Ph.D. with a first-class Master’s or Bachelor’s degree as the minimum qualification for appointment as Assistant Professor. Subsequently, the AICTE notification dated 18 February 2003 permitted promotion to the post of Associate Professor before acquisition of a Ph.D. while allowing a seven-year period to obtain the qualification.
