- (1.) We have heard Shri Yogendra Kumar Yadava, learned Standing Counsel appearing for the State of U.P. through Director, Technical Education, U.P., Kanpur as appellant No.1. Shri Ravi Kiran Jain assisted by Shri Jayont Banerjee appears for the respondents.
(2.) The Federation of Indian Polytechnic Teachers Organisation through its Secretary General Shri O.D. Singh filed a Writ Petition No.13727 of 1991 to implement the norms and standards laid down by All India Council for Technical Education (AICTE) made under Section 10 (1) (i) of the All Indian Council for Technical Education Act, 1987, laying down four tier structure of the teaching staff. The U.P. Technical Education Gazetted Officers Services Rules, 1990 and U.P. Pravidhik Shiksha Institution Receiving Grant-in-Aid from the Government Regulations 1996 framed by the State Government were assailed as contrary to the norms and standards framed by AICTE under the Act of 1987 enforceable in view of Article 254 (1) of the Constitution.
(3.) Learned Single Judge relying upon State of Tamilnadu & Anr. Vs. Adhiyaman Education & Research Institute & Ors., 1995 3 JT 136; and Jaya Gokul Educational Trust Vs. The Commissioner & Secretary to Government Higher Education Department, Thiruvananthapuram, Kerala State & another, 2000 5 JT 118held that the norms and standards laid down by AICTE laying down four tier structure recommended by the National Expert Committee, for revision of pay scales of teachers of technical institutions (NECR) are binding upon the State Government. These norms have been laid down under the Act of 1987 by AICTE to be applicable uniform throughout the country so that the technical education in the entire country is integrated into one system. Learned Judge quoted the observations of the Apex Court in Adhiyaman Education & Research Institution as follows:- "since the standards have to be laid down on a national level, they have necessarily to be uniform throughout the country without which the coordinated and integrated development of the technical education all over the country will not be possible which will defeat one of the main objects of the statute.";