2025 INSC 422
SUPREME COURT OF INDIA
(HON’BLE SUDHANSHU DHULIA, J. AND
HON’BLE K. VINOD CHANDRAN, JJ.)
SECRETARY, ALL
INDIA SHRI SHIVAJI MEMORIAL SOCIETY (AISSMS) AND ORS.
Appellant
VERSUS
STATE OF
MAHARASHTRA AND ORS.
Respondent
Civil Appeal
No(S).________________________________OF 2025 [@ SPECIAL Leave Petition (Civil)
No(S). 7058-7061 OF 2019] With Civil Appeal
No(S).________________________________OF 2025 [ @ Special Leave Petition
(Civil) No(S). 4787 OF 2025]-Decided on 01-04-2025
Service
Law
Constitution of
India, Article 14 – All India Council for Technical Education Act of 1987,
Section 10 and 23 – Service Law - Educational qualification – Lecturer/ Assistant Professors - Notification dated 15.03.2000 and
05.03.2010 - Pay scale – Equal pay for equal work - Respondents who were
appointed after 15.03.2000, who were non-Ph.D. and had also failed to acquire
the same within seven years of appointment as was required, cannot be given the
benefit of 2010 notification inasmuch as they cannot be given a higher pay
scale or re-designated as an Associate Professor - The phrase 'incumbent
Assistant Professor' in the 2010 notification would only include such Assistant
Professors working on the post who had a Ph.D. qualification at the time of
their appointment or who though did not have a Ph.D. qualification at the time
of their appointment but subsequently in terms of the notification dated
15.03.2000 read with subsequent notification dated 28.11.2005 acquired Ph.D.
within seven years of their appointment or those appointed prior to 15.03.2000;
when Ph.D. was not an essential qualification, continued uninterruptedly -
Those teachers who were appointed after 15.03.2000 and had failed to acquire
Ph.D. qualification even thereafter will not be entitled to the benefits of the
2010 notification given in Clause (ix) -
The appellant shall release the higher pay scale to those respondents
who are appointed prior to 15.03.2000 with an interest of 7.5% per annum on the
arrears within a period of four weeks failing which the interest shall be
calculated at the rate of 15% per annum - As and when, these teachers acquire a
Ph.D. they would be at liberty to move an application before their respective
institutions and AICTE for grant of higher pay scale and designation of
Associate Professor, which shall be considered by them in accordance with law.
(Para
27 to 31)
JUDGMENT
Sudhanshu Dhulia,
J. :- Leave
granted.
2. By means of the Civil Appeals
arising out of SLP (C) Nos. 7058-7061 of 2019, the appellant-Society seeks to
challenge the order of the Division Bench of the Bombay High Court dated
17.07.2017 as well as the order dated 22.12.2018, passed in review later. The
impugned orders of the High Court direct the appellant-Society to extend the
benefit of revised pay scales under the 6th Central Pay Commission to the
Respondent-teachers, who were the original Writ Petitioners before the Bombay
High Court. The Respondent-teachers are the ones who are presently teaching in
engineering and technical institutes run and managed by the Appellant-Society,
which is a private body and is not under the grant in aid of the Government.
3. Brief facts of the case are
that the Respondent-teachers, who possess a Master's degree in their field,
were appointed as Lecturers/Assistant Professors by the appellant-Society in
the institutes between 1995 and 2009. Requisite approval for their appointment
was taken from the concerned Universities to which the said institutes were
affiliated. It is also an admitted fact that the Respondent-teachers, with the exception
of one teacher, were not able to acquire Ph.D.'s within seven years of their
appointment in service, as was required. 4. At this stage, we may need to refer
to the prescribed qualification of teachers in an Engineering Institute, which
is laid down by the All India Council for Technical Education (hereinafter
referred to as 'AICTE'). AICTE is a body which was initially constituted in the
year 1945 as an advisory body to the Government of India but was given a
statutory status under the All India Council for Technical Education Act of
1987 (for short '1987 Act') and we now can trace its formation as a Statutory
Body under Section 3 of the 1987 Act. Its powers and functions are given under
Section 10 of the 1987 Act, which read as under:
"10.
Functions of the Council.— (1) It shall be the duty of the Council to take all
such steps as it may think fit for ensuring coordinated and integrated
development of technical education and maintenance of standards and for the
purposes of performing its functions under this Act, the Council may—
—-X-—X-—X-----
(i) lay
down norms and standards for courses, curricula, physical and instructional
facilities, staff pattern, staff qualifications, quality instructions,
assessment and examinations;"
5. Thus, under the powers
referred above, AICTE is mandated to provide qualifications for teachers that
would include Lecturers, Assistant Professors, Associate Professors and Professors,
of Engineering and Technical Colleges.
6. It is an admitted position by
both the sides here that the crucial date when Ph.D. was prescribed for the
first time as a qualification for Lecturers/Assistant Professors is 15.03.2000.
Prior to 15.03.2000, Ph.D. was not an essential and mandatory qualification for
Lecturers/Assistant Professors. Out of the nine private respondents before us,
who were also petitioners before the High Court, four were appointed prior to
15.03.2000 and the remaining five were appointed post 15.03.2000, when the
notification dated 15.03.2000 had come into effect.
7. The subject matter of the
notification dated 15.03.2000 reads as under:
"AICTE
NOTIFICATION ON REVISION OF PAY-SCALES AND ASSOCIATED TERMS AND CONDITIONS OF
SERVICE OF TEACHERS, LIBRARIANS AND PHYSICAL EDUCATION PERSONNEL FOR DEGREE
LEVEL TECHNICAL INSTITUTIONS."
The above notification of AICTE
prescribed minimum qualification for various teaching posts in degree level
technical institutes and further prescribed qualifications for Assistant
Professor as follows:
|
Appendix-E Table E-1 MINIMUM
QUALIFICATION AND EXPERIENCE PRESCRIBED FOR TEACHING POST IN DEGREE LEVEL
TECHNICAL INSTITUTIONS ENGINEERING AND TECHNOLOGY DISCIPLINES |
||||
|
SI. No. |
CADR E |
QUALIFICATION |
EXPERIENCE |
QUALIFICATION AND EXPERIENCE FOR
CANDIDATES FROM INDUSTRY & PROFESSION |
|
2 |
Assistant Profess or |
PhD degree with the first class
Degree at Bachelor's or Master's level in appropriate branch of
Engineering/Technolog y |
3 years experience in
Teaching/Industry/Research at the level of Lecturer or equivalent |
Candidates from
Industry/Profession with First Class Bachelor's Degree in the appropriate
branch of Engineering/Technolog y or First
Class Master's Degree in the appropriate branch of Engineering/Technology And Professional work which is
significant and can be recognized as equivalent to Ph.D. degree and with 5
years experience would also be eligible. |
Under the
"CAREER ADVANCEMENT" heading of the notification dated 15.03.2000,
Clause 7 (b) was as follows:
(b) For
movement into grades of Assistant Professor and above, the minimum eligibility
criterion would be Ph.D. Those teachers without Ph.D. can go upto the level of
lecturer (Selection grade).
8. Then comes AICTE notification
of 2005 issued on 28.11.2005, which again prescribes the following minimum
qualification for various teaching posts in degree-level technical institutes
and further prescribed qualifications for Assistant Professor as follows:
|
SL. NO |
CADRE |
PRESCRIBED QUALIFICATIONS AND
EXPERIENCE |
|
|
|
2. |
ASSISTANT PROFESSOR |
|
|
|
|
|
QUALIFICATION & EXPERIENCE FOR
CANDIDATES FROM TEACHING |
Ph.D degree with the first
class at Bachelor's or Master's level in the appropriate branch of Engineering/Technology
with 2 years experience in Teaching / Industry / Research at the level of
Lecturer or equivalent. OR First Class at Master's level in the appropriate branch
of Engineering / Technology with 5 years experience in teaching / industry
/Research at the level of lecturer or equivalent. Such candidates will be
required to obtain Ph.D degree within a period of 7 years from the date of
appointment as Assistant |
|
|
|
|
|
Professor. In the case of
Universities / University departments and the institutions offering PG
programmes / Research, Ph.D is a must. For candidates from Industry, professional
experience in R&D and patents would be desirable requirement failing
which the increments will be stopped until Ph.D is earned. |
||
Thus, there can be no doubt that
a candidate could be appointed as an Assistant Professor after 15.03.2000, only
if he/she had a Ph.D. degree with a first class at Bachelor's or Master's level
in their appropriate branch of Engineering and two years of teaching
experience. A candidate could also be appointed Assistant Professor if he/she
had a first class at Master's level in their appropriate branch of Engineering
and five years of teaching experience but such a candidate will be required to
obtain a Ph.D. within a period of seven years from the date of appointment as
Assistant Professor.
9. We are presently concerned
with such teachers amongst the respondents who were neither Ph.D. at the time
of their appointment nor have they acquired Ph.D. within seven years.
10. After the two notifications
referred above comes the AICTE notification of 05.03.2010. This notification
again prescribes qualification for teachers in technical institutes and
reiterates the same qualification. In addition, the notification also
prescribes "the pay structure for different categories of teachers and
equivalent positions". With this notification, the designation of
lecturers was changed to Assistant Professors, and consequent to this
notification there would now be only three categories of teachers in
universities and colleges (including technical institutions) i.e. Assistant Professor,
Associate Professor, and Professor, which becomes clear from a perusal of the
following portion of the notification:
"General
(i)
There shall be only three designations in respect of teachers in universities
and colleges, namely, Assistant Professors, Associate Professors and
Professors....."
11. Further, the pay structure
and re-designation of Assistant Professors is prescribed in the 2010 AICTE
notification and the provision with which we are presently concerned is as
below:
"Revised
Pay Scales, Service conditions and Career Advancement Scheme for teachers and
equivalent positions:
The pay
structure for different categories of teachers and equivalent positions shall
be as indicated below:
(a)
Assistant Professor/Associate Professor/ Professors in Technical Institutions
(i) ...
(ii) ...
(ix)
Incumbent Assistant Professor and Incumbent Lecturers (Selection Grade) who
have completed 3 years in the pre-revised pay scale of Rs. 12000-18300 on
01.01.2006 shall be placed in Pay Band of Rs. 37400-67000 with AGP Pay of
Rs.9000 and shall be re-designated as Associate Professor."
12. The respondent-teachers claim
the benefits of the above provision. The Assistant Professors i.e., the
respondents who had completed three years of service in pre-revised pay scale
of Rs. 12000-18300 on 01.01.2006 wanted to be placed in the Pay Band of
Rs.37400-67000 with AGP of Rs.9000 and to be designated as Associate Professor.
This was denied to them by the appellant-Society for the reason that they did
not possess a Ph.D. degree which was a mandatory requirement to be an Assistant
Professor. The respondents had filed a Writ Petition before the High Court, as
they were being denied this by the present Appellant.
This is the precise dispute in
the present case, and the question to be decided by this Court is whether the
respondents who have admittedly completed three years of service in the
pre-revised pay scale of Rs. 12000-18300 (on 01.01.2006) are now entitled for
pay band of Rs.37400-67000 and AGP of Rs.9000 and also whether they are liable
to be redesignated as Associate Professors.
13. Relying upon the decision of
the co-ordinate Bench of the Bombay High Court at Aurangabad in Sanjay
Shrirangrao Surwase and Ors v. State of Maharashtra and Ors (WP No. 6001 of
2013), same relief was given in favour of the respondents herein as well by the
Bombay High Court in the impugned order dated 17.07.2017, and they were to be
re-designated as Associate Professor and be given a higher pay scale as per the
6th Pay Commission. When the present appellant had challenged the impugned
order dated 17.07.2017 (of the Bombay High Court) before this Court, the
question which had come up before this court was whether the teachers were
qualified enough to be given the benefit as they had sought for. The appellant
before this Court had argued that the decision of the Aurangabad Bench of the
Bombay High Court in the earlier petition cannot be applicable in the case of
present respondents as it has been made applicable in the impugned order dated
17.07.2017 for the reason that whereas the petitioners before the Aurangabad
Bench were qualified, the respondents in the present case lack the requisite
qualifications. The obvious indication of the Appellant was on the Ph.D.
degree. The petition was, therefore, disposed of by this Court in Special Leave
Petition (Civil) Nos. 27975-27976 of 2017 by granting liberty to the appellant
to file a Review Petition before the Bombay High Court. The following order was
passed:
"Mr.
Ravindra Shrivastava, learned senior counsel appearing for the petitioners
submits that the present case is not covered in terms of the decision in Sanjay
Shrirangrao Surwase & Ors. v. State of Maharashtra & Ors. rendered in
Writ Petition No. 6001/2013 on the file of the Division Bench of the High Court
of Bombay at Aurangabad. One main distinction pointed out is that, it was a
case of qualified teachers whereas in this case the teachers are not qualified
as per A.I.C.T.E. and not entitled to the benefit of designation and consequent
benefit of Sixth Pay Commission.
We do
not find that this aspect has been addressed before the High Court and nor has
the High Court dealt with it. In the event of filing such a review within
thirty days from today the same may not be dismissed on the ground of delay.
The special
leave petitions are, accordingly, disposed of.
We make
it clear that we have not considered the matter on merits."
(Emphasis
provided)
14. In terms of the liberty
granted by this Court vide the above-quoted order, the Appellant-Society then
filed Review Petitions before the Bombay High Court. The High Court, while
dismissing the review petitions took note of the fact that the issue of the
earlier Bombay High Court (Aurangabad Bench) judgment in Sanjay Shrirangrao
Surwase being distinguishable on facts was not raised by the Appellant-Society
earlier. The High Court took note of the submissions on behalf of the
Respondent-teachers to the effect that the teachers who were petitioners in the
Sanjay Shrirangrao Surwase also did not have a Ph.D., and a specific averment
in that regard was made in the Reply Affidavit before the High Court. The High
Court dismissed the review petitions filed by the Appellant, as there was no
difference between the two batch of petitioners regarding their qualifications.
15. Be that as it may, these are the
two orders (dated 17.07.2017 and 22.12.2018) which are presently under
challenge before this Court. Since the decision of this Court dated 03.11.2017
wherein liberty was given to the appellant to file a review clearly states that
this Court had not expressed anything on the merit of the case, we have heard
the matter in its entirety on every aspect of the matter argued from both the
sides.
16. As we have already indicated
above, there are two different categories of teachers before us as respondents.
We have one set who were appointed prior to 15.03.2000 when Ph.D. was made a
minimum qualification for the first time; and then the other class of teachers
who were appointed after 15.03.2000, when Ph.D. was an essential qualification.
17. As far as such teachers are
concerned who were appointed prior to 15.03.2000, we do not see any reason to
disturb the findings of the High Court regarding their entitlements under the
6th Pay Commission, etc. All the same, the other half of respondents, who were
appointed post the AICTE notification dated 15.03.2000 had come into force,
they fall in a different category altogether. These are the teachers who were
appointed after 15.03.2000 and were not having Ph.D. qualification though it
was mandatory and moreover had also failed to acquire a Ph.D. within seven
years as stipulated in the AICTE notification of 2005 as well as their
appointment order. At this juncture, we would like to record the submission
made at the Bar that one of these respondents i.e., Dr. Madhavi Ajay Pradhan
who though was appointed as Assistant Professor on 14.06.2004 (i.e. after 2000
AICTE Notification) has gone ahead and completed her Ph.D. She also cannot be
denied the benefit of the Bombay High Court decision presently under challenge
before this Court.
18. The learned Counsel for the
private respondents Sri Abhay Atul Anturkar would, however, argue that the
powers vested with AICTE were statutory in nature under Section 23 of the 1987
Act, which reads as follows:
23. Power
to make regulations.—(1) The Council may, by notification in the Official
Gazette, make regulations not inconsistent with the provisions of this Act, and
the rules generally to carry out the purposes of this Act. (2) In particular,
and without prejudice to the generality of the foregoing power, such regulations
may provide for all or any of the following matters, namely:—
(a) regulating
the meetings of the Council and the procedure for conducting business thereat;
(b) the
terms and conditions of service of the officers and employees of the Council;
(c) regulating
the meetings of the Executive Committee and the procedure for conducting
business thereat;
(d) the
area of concern, the constitution, and powers and functions of the Board of
Studies;
(e) the
region for which the Regional Committee be established and the constitution and
functions of such Committee.
19. Learned Counsel for the
private respondents would further argue that notification which is
clarificatory in nature had come out on 4th January, 2016, issued by the AICTE
in exercise of powers under the above-quoted Section 23 of the 1987 Act . The
notification dated 04.01.2016 was to clarify "on certain issues /
anomalies pertaining to qualifications, pay scales, service conditions, career
advancement schemes (CAS) etc. for teachers and other academic staff of
technical institutions (degree /diploma)" The clarification with which we
are presently concerned, and it is in the form of a questionnaire is as
follows:
|
S.No. |
Issue |
Clarification |
|||
|
53 |
Whether Asst. Professor
(Re-designated as Associate Professor w.e.f 1-1-2006), who are not able to
complete the Ph.D. in seven years from the date of Joining (Direct/CAS) will he
reverted back. |
Such candidates will be required
to complete Ph.D. within 7 years from the date of Joining, failing which increments
shall be stopped until Ph.D. is earned. |
|
||
20. The learned Counsel for the
respondents then relies upon the judgment of this Court in Christy James Jose
and Ors v. State of Kerala and Ors 2016 SCC OnLine SC 1817 and would argue that
the AICTE clarification of 04.01.2016 has a statutory status, and in terms of
the same, the only consequence of non-completion of Ph.D. within seven years
would be the stoppage of increments. We have gone through the above decision.
The above case does not hold that the 2016 clarification has statutory status.
In fact, while interpreting Clause 53 of the 2016 clarification (on which the
respondents also rely), the decision only says that the failure to acquire a
Ph.D. within seven years can result in stoppage of increments but cannot result
in termination of services. The above decision is silent on the aspect of
movement to a higher pay scale, which is the primary issue in the present case.
21. In any case, the
interpretation of the 2016 clarification has been settled by a subsequent
three-judge bench decision of this Court in Gelus Ram Sahu v. Surendra Kumar
Singh (2020) 4 SCC 484, which has been placed before us by Sri Ravindra
Shrivastava, the learned Senior Counsel appearing for the Appellant. He would
argue that the clarificatory notification of 2016 is of no relevance as it only
reiterates the position regarding qualification, re-designation, and pay scales
of Assistant Professors and Associate Professors which were already provided in
the AICTE notification of 2010. The learned Senior Counsel for the appellant
also argues that the 2016 notification does not have statutory status, as is
being projected by the respondents. As stated above, he relies upon the later
three-judge Bench decision of this Court in Gelus Ram Sahu (supra) where it was
observed that:
"24.
"Clarificatory" legislations are an exception to the general rule of
presuming prospective application of laws, unless given retrospective effect
either expressly or by necessary implication. In order to attract this
exception, mere mention in the title or in any provision that the legislation
is "clanficatory" would not suffice. Instead, it must substantively
be proved that the law was in fact "clanficatory".....
25. The
present case is one where except for the title, nothing contained therein
indicates that the 2016 AICTE Notification was clarificatory in nature. The
said Notification is framed in a question-answer style and merely restates what
has already been made explicit in the 2010 AICTE Regulations. There seems to be
no intent to alter the position of law but instead only to simplify what the
AICTE had resolved through its original regulation. The 2016 AICTE Notification
is a response to the doubts put forth to AICTE by the public. This is evident
from the stand put forth by AICTE before us in its reply as well as during the
course of hearing, namely, that there is no retrospective alteration in the
qualification prescribed for the post of Principal.
26.
Even if the 2016 AICTE Notification was clarificatory, it must be demonstrated
that there was an ambiguity in the criteria for appointment to the posts of
Principal, which needed to be remedied. Clarificatory notifications are
distinct from amendatory notifications, and the former ought not to be a
surreptitious tool of achieving the ends of the latter. If there exists no
ambiguity, there arises no question of making use of a clarificatory
notification. Hence, in the absence of any omission in the 2010 AICTE
Regulations, the 2016 AICTE Notification despite being generally clarificatory
must be held to have reiterated the existing position of law.
22. We must note that this Court
in the above case has not given its findings in general terms between
clarificatory notifications as distinct from statutory amendments, what it was actually
comparing were the precise two notifications with which we are presently
concerned i.e., notification dated 05.03.2010 and clarificatory notification
dated 04.01.2016. It was in that context that it was held that a clarificatory
notification cannot be a surreptitious tool for achieving the ends of an
amending notification. "If there exists no ambiguity, there arises no question
of making use of a clarificatory notification. Hence, in the absence of any
omission in the 2010 AICTE Regulations, the 2016 AICTE Notification despite being
generally clarificatory must be held to have reiterated the existing position
of law".
23. Moreover, the provision on
which the private respondents are relying upon clearly stipulates that such
assistant professors who are not having Ph.D. qualification shall acquire the
same within seven years failing which they will not be given their increment.
Now when the provision even in its clarificatory notification denies an
increment, then by logic such teachers cannot be given the higher pay scale. In
any case, the notifications of 2005 and 2010 leaves nothing in doubt that such
teachers will not be given the higher pay scale.
24. To clarify, the phrase
"incumbent Assistant Professors and incumbent Lecturers" given in
Clause (ix) of 2010 Notification of AICTE would mean such Assistant Professors
and Lecturers who have the essential qualifications including Ph.D. or those
who were appointed prior to 15.03.2000 without Ph.D. This is the only
meaningful manner in which the above provision can be read. AICTE which is an
expert body mandated by law, inter alia, to prescribe essential qualifications
for a teaching post, and hence we cannot question the logic and wisdom of this
expert body which prescribes the essential qualifications for these posts. No
one has challenged such a qualification, which is Ph.D. in the present case, on
the ground that it should not have been made an essential qualification.
Further in the present case, the law not only prescribes qualifications but
also gives the consequences of not having these qualifications. We find nothing
arbitrary in such prescriptions.
25. This Court time and again has
reiterated that the responsibility, of fixing qualifications for purposes of
appointment, promotion etc. of staff or qualifications for admissions, is that
of expert bodies (in the present case, the AICTE), and so long as
qualifications prescribed are not shown to be arbitrary or perverse, the Courts
will not interfere. In All India Council for Technical Education v. Surinder
Kumar Dhawan & Ors. (2009) 11 SCC 726, this Court while dealing with the
question regarding decision taken by AICTE whether a bridge course should be permitted
to make diploma-holders eligible for engineering course, observed as under:
"15.
... AICTE consists of professional and technical experts in the field of
education qualified and equipped to decide on those issues. In fact, a
statutory duty is cast on them to decide these matters.
16. The
courts are neither equipped nor have the academic or technical background to
substitute themselves in place of statutory professional technical bodies and
take decisions in academic matters involving standards and quality of technical
education...
17. The
role of statutory expert bodies on education and the role of courts are well
defined by a simple rule. If it is a question of educational policy or an issue
involving academic matter, the courts keep their hands off. If any provision of
law or principle of law has to be interpreted, applied or enforced, with reference
to or connected with education, the courts will step in..."
In other words, normally, courts
should not interfere with the decisions taken by expert statutory bodies
regarding academic matter: may it relate to qualification for admission of
students or qualification required by teachers for appointment, salary,
promotion, entitlement to a higher pay scale etc. However, this does not mean
that Courts are deprived of their powers of judicial review. It only means that
courts must be slow in interfering with the opinion of experts in regard to
academic standards and powers of judicial review should only be exercised in
cases where prescribed qualification or condition is against the law, arbitrary
or involves interpretation of any principle of law [Also see: Medical Council
of India v. Sarang & Ors. (2001) 8 SCC 427]. Consequently, where a
candidate does not possess the minimum qualifications, prescribed by an expert
body, for appointment or promotion to a particular post in an educational
institution, such a candidate will not be entitled to get appointed or will be
deprived of certain benefits, which is the case we have in hand.
26. We also have to take into
account the fact that in the present situation the law itself creates two
different classes, an Assistant Professor with Ph.D. and another Assistant
Professor without Ph.D. If the salary, designation, etc. would remain unchanged
for the two irrespective of whether one has Ph.D. or not, as the private
respondents would like us to accept then it may have a negative fallout in the
quality of teaching. Our focus is as much with the quality of teaching as with
the equity in service conditions.
27. Under the circumstances, and
in terms of what we have held above, the respondents who were appointed after
15.03.2000, who were non-Ph.D. and had also failed to acquire the same within
seven years of appointment as was required, cannot be given the benefit of 2010
notification inasmuch as they cannot be given a higher pay scale or
re-designated as an Associate Professor. The phrase 'incumbent Assistant
Professor' in the 2010 notification, to our mind, would only include such
Assistant Professors working on the post who had a Ph.D. qualification at the
time of their appointment or who though did not have a Ph.D. qualification at
the time of their appointment but subsequently in terms of the notification dated
15.03.2000 read with subsequent notification dated 28.11.2005 acquired Ph.D.
within seven years of their appointment or those appointed prior to 15.03.2000;
when Ph.D. was not an essential qualification, continued uninterruptedly. Those
teachers who were appointed after 15.03.2000 and had failed to acquire Ph.D. qualification
even thereafter will not be entitled to the benefits of the 2010 notification
given in Clause (ix).
28. The appellant shall release
the higher pay scale to those respondents who are appointed prior to 15.03.2000
with an interest of 7.5% per annum on the arrears within a period of four weeks
from today failing which the interest shall be calculated at the rate of 15%
per annum. These are Mr. Pandurang Abhimanyu Patil, Mrs. Mangal Hemant Dhend,
Mr. Diwakar Haribhau Joshi, Mr. Shivanandgouda Kallanagouda Biradar. Since we
have been apprised at the Bar that one of the respondents (Dr. Madhavi Ajay
Pradhan), though appointed after the AICTE notification of 2000, has acquired
Ph.D., the above direction is also applicable in her case and appellant shall
release benefits in her favour subject to proper verification of her Ph.D. degree
by the appellant. The rest of the private respondents since they have failed to
acquire Ph.D. within seven years as required, cannot be designated as Associate
Professors or be entitled for the higher pay scale.
29. As and when, these teachers
acquire a Ph.D. they would be at liberty to move an application before their
respective institutions and AICTE for grant of higher pay scale and designation
of Associate Professor, which shall be considered by them in accordance with
law.
30. Consequently, the Civil Appeal
arising out of SLP(C) No. 7058-7061 of 2019 is partly allowed in the above terms.
31. Insofar as Civil Appeal
arising out of SLP (C) No.4787 of 2025 is concerned, the amount of Rs.30 lakhs
deposited by appellant before the High Court shall not be disbursed till the
final disposal of review petitions pending before the High Court which shall
now be decided in the light of this judgment as expeditiously as possible. The
impugned order of the High Court is modified to that extent and the appeal is
disposed of in the above terms.
32. Interim order(s), if any,
stand(s) vacated.
33. Pending application(s), if
any, stand(s) disposed of.
------