The Calcutta High Court dismissed a Public Interest Litigation (PIL) filed questioning the selection of the private respondent as Registrar of the Kazi Nazrul University.
The case of the petitioner is solely pitched upon the All India Council for Technical Education ( Pay Scales Service Conditions and Qualifications for the Teachers and other Academic Staff In Technical Institutions (Degree) Regulations, 2010 published by notification dated 22nd January, 2010.
The petitioner’s case is that a person entering the teaching profession in Universities and Colleges shall be designated as Assistant Professors and shall be placed in the Pay Band of Rs.156000-39100 with AGP of Rs.6000. Referring to the credentials of the private respondent, the Registrar, it is submitted that he had entered service as a lecturer in Bengal College of Engineering and Technology in the pay band of Rs.8000- Rs.275/-Rs.13,500/- and in terms of the AICTE Regulation dated 22nd January, 2010 he could not have drawn the AGP of Rs.6000/- as stipulated in Clause (a) of the notification issued by AICTE dated 22nd January, 2010.
The Division Bench of Chief Justice T. S. Sivagnanam and Justice Hrranmay Bhattacharyya are of the considered view that the case of the petitioner is a wrong interpretation of the said condition imposed in the Regulation 2010.
“(a) Assistant Professor/Associate Professors/Professors in Technical institutions:- (i) Persons entering the teaching profession in Technical Institutions shall be designated as Assistant Professors and shall be placed in the Pay Band of Rs.15600-39100 with AGP of Rs.6000. Lecturers already in service in the pre-revised scale of Rs.8000-13500, shall be re-designated as Assistant Professors with the said AGP of Rs.6000.”
In terms of the above condition it is seen that lecturers already in service in the pre-revised scale of Rs.8000-Rs.13500 shall be re-designated as Assistant Professors with the said AGP of Rs.6000. Thus, the case of the petitioner is that the private respondent could not have drawn the pay in the Pay Band of Rs.8000-Rs.275-Rs.13500 and such plea is outrightly rejected.
“In any event, 2010 Regulation clearly protects the existing employment, namely, the existing lecturers and their post was redesignated as Assistant Professors. It also recognizes the pay scale of Rs.8000- Rs.13500, pre revised in the post of lecturers. Thus, we find that the private respondent is fully eligible to hold the post of Registrar of the said university and the petitioner has not made out any case for interference”, the Bench observed.
It is submitted by the advocate appearing for the fourth respondent that in the cause title the executive council of the University has been shown to be represented by the Deputy Registrar which is incorrect.
Since the Bench satisfied that the petitioner has not made out any case for interference, the Court decline to entertain the petition.