V.M.Sahai, J. - (1.) The short question that arises for consideration in this petition is whether the norms and standards laid down by the All India Council for Technical Education, under Section 10 (1) (i) of the All India Council for Technical Education Act. 1987, laying down four-tier staff structure are binding on the State Government? If so, whether the Uttar Pradesh Technical Education Gazetted Officers' Service "Rules, 1990 and the Uttar Pradesh Pravidhik Shiksha Institution Receiving Grant-in-Aid from the Government Regulations. 1996, framed by the State Government, being contrary to the norms and standards framed by All India Council for Technical Education under Section 10 (1) (i) of the All India Council for Technical Education Act, 1987, are unenforceable in view of Article 254 (1) of the Constitution?
(2.) This petition has been filed by the petitioners for a direction to the respondents to implement four-tier staff structure in the State of Uttar Pradesh in accordance with the norms and standards laid down by the All India Council for Technical Education (in brief A.I.C.T.E.). The A.I.C.T.E. was set up in 1945 by a Central Government resolution as a National Expert body to advise the Central and State Governments for ensuring the coordinated development of Technical Education in accordance with approved standards. It was found that various polytechnics have come up in complete disregard of the guidelines framed by A.I.C.T.E., therefore, in 1981 the A.I.C.T.E. came to conclusion that it should be vested with statutory powers to regulate and maintain the standard of technical education. The national working group was set up in November, 1985 to look into the role of A.I.C.T.E. and to make recommendations so that A.I.C.T.E. be enabled to play its role effectively and be vested with statutory authority. Same view was taken by the National Council of Education in 1986. The Central Government enacted the All India Council for Technical Education Act, 1987 (in brief the Act 1987) for laying down norms and standards for technical institutions. The Act 1987 was published on 28.12.1987 and it came into force by the Central Government notification on 28.3.1988.
(3.) In April 1987, the National Expert Committee For Revision of Pay Scales of Teachers of Technical Institutions (in brief N.E.C.R.) submitted a report to A.I.C.T.E. In paragraph 3.5 of its report. It observed that in technical institutions, there were only three cadre structure which retards the rate of growth of teachers resulting in large scale stagnation and frustration at all levels. It found that there is a difference in salary of the technical teachers and those of universities and the teachers working in polytechnics have been rendered lower in pay scales of the corresponding Degree Colleges after 1972. The N.E.C.R. in paragraph 4.3 of its report observed that the Public Sector Undertakings not only offer attractive pay scales but also provide excellent service conditions and work involvement. As a consequence, technical education was no longer able to attract talented professionals to technical institutions. Therefore, the meritorious professionals were turning away from the teaching profession. Further in paragraph 6.3.1, it observed that technical education system is conducted at professional and technical level institutions. Both these levels are equally important for the development of the economy. The cadre structure, therefore, has to be designed to attract equally competent professionals, to suit the requirement of various programmes offered in both these categories of institutions. It observed that technical institutions are facing acute shortage of teachers and the existing cadre structure was not satisfactory to attract professionals to opt for a career in teaching. It recommend in paragraph 7.2 that improved salary scales linked to satisfactory career professionals be provided for both types of educational Institutions. The National Council of Technical and Management Education, 1986, in paragraph 6.2, observed that one of the most important requirement for any educational Institution is the presence of competent faculty. It was an uphill task to get competent teachers because of poor salary structure and fringe benefits, poor promotional avenues and cumbersome recruitment procedures. It recommended that it is necessary to overcome these draw-backs. In order to increase promotional avenues and to prevent stagnation among the teachers in Polytechnics, the A.I.C.T.E. has framed norms in 1989, in exercise of its power under Section 10 (1) (i) of the Act, 1987, which provides for a revised staff structure and instead of three-tier staff structure, there should be four-tier staff structure In the Polytechnics of the States. The relevant extract of "Norms and Standards for Polytechnics" pertaining to staff structure paragraphs 6 to 6.6 have been filed as Annexure-1 to this petition.;