MATHUR, J. - (1.) TO be considered for appointment as Professor (MBA) at Engineering College, Bikaner, the petitioner appeared before a competent selection committee on 3. 4. 2007, however, the recommendation of such committee was not placed before the Executive Committee of the College, hence this petition for writ is preferred seeking directions as follows:-      " I. by an appropriate writ, order or direction, the respondents may be directed to place the recommendations of the selection committee for the post of Professor in MBA department undertaken pursuant to the advertisement dated 4. 1. 2007 before the executive council of the Engineering College Bikaner for consideration forthwith or within such time as this Hon'ble Court may deem fir to prescribe; II. by an appropriate writ, order or direction, in the event, the petitioner is recommended and approved for appointment, the respondents may be directed to offer appointment to the petitioner on the post of Professor in MBA department with effect from the date the other persons selected pursuant to the advertisement dated 4. 1. 2007 have been given such appointment with all consequential benefits. "
(2.) IN reply to the writ petition the respondents came forward with the stand that the petitioner is not possessing the eligibility to hold the post of Professor (MBA) as per the norms prescribed by All INdia Council of Technical Education (hereinafter referred to as "the AICTE"), thus, the recommendation made by the selection committee were not placed before the executive committee. While lis pendence the recommendation of the selection committee was tabled before the executive committee on 29. 5. 2008 and the executive committee also found the petitioner lacking eligibility to hold the post of Professor (MBA ). Precisely, the issue now survives is that "whether the petitioner, as per the norms prescribed by the AICTE, possess eligibility to be considered and employed as Professor at Engineering College, Bikaner?" The petitioner, after obtaining Master's Degree in Commerce (Business Administration) in the year 1992 completed Ph. D. in Business Administration (Human Resources) Management in the year 1997. He also underwent faculty development programme at Indian Institute of Management Ahmedabad in the year 2004. He served Jai Narain Vyas University, Jodhpur as Lecturer in adhoc capacity from September, 1995 to June, 1996. On selection as Assistant Professor in the year 1997 he joined services of the Mohanlal Sukhadia University, Udaipur. The senior scale in the cadre of the Assistant Professor was awarded to the petitioner in the month of January 2001 and the selection scale on 4. 1. 2006. A promotion was granted to him as Associate Professor under the career advancement scheme under an order dated 17. 5. 2007. The Engineering College, Bikaner (hereinafter referred as "the College") is a society registered under the Societies Registration Act, 1958 and no dispute is there about its amenability to writ jurisdiction of this Court. Being a technical institute the College is required to adhere the norms prescribed by the AICTE and the eligibility prescribed to hold various teaching posts at the College as per the norms of the AICTE is as follows:- S. No. Cadre prescribed Qualification and Experience 1. Lecturer Qualification & Experience for Teaching first Class Master's Degree in the appropriate branch of Engineering (Engg.)/technology Candidates from (Tech.) (No minimum experience required) Or First Class Bachelor's degree in the appropriate branch of Engineering/technology or equivalent, valid GATE score, minimum 75 percentile; to complete M. Tech/me within 5 years failing which the increments will be stopped until the postgraduate degree is earned. The institutions to provide adequate opportunity to its teaching staff to complete this requirement. Qualification & Experience for candidates from Industry & Profession same as above 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. Qualification & Experience for Candidates from Industry & Profession candidates from Industry/ Profession with First Class Bachelor's degree in the appropriate branch of Engineering/technology 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 2 years experience at a position equivalent to lecturer level would also be eligible. 3. Professor Qualification & Experience for Candidates Teaching ph. D. degree with first class degree at Bachelor's or Master's level in the from appropriate branch of Engineering/technology with 10 years experience in Teaching/ Industry/research out of which 5 years must be at the level of Assistant Professor and/or equivalent. Qualification & Experience for Candidates from candidates from Industry/ Profession with Master's degree in Engineering/ industry & Profession technology and with professional work which is significant and can be recognized as equivalent to Ph. D. degree and with 10 years experience of which at least 5 years should be at a Senior Level comparable to that of an Assistant Professor would also be eligible. As per the respondents in the teaching faculty hierarchy of the College there is no post with the nomenclature of "associate Professor" and the post of "assistant Professor" in the pay scale of Rs. 12000- 420-18300 is a post equivalent to the post of Associate Professor available with the universities governed by the norms prescribed by the University Grants Commission (hereinafter referred to as "the UGC" ). As per the norms of the AICTE an aspirant to be considered for the purpose of appointment to the post of Professor must have experience of five years on the post of Assistant Professor in the pay scale of Rs. 12000- 18300 and the petitioner being appointed in the pay scale aforesaid on 17. 5. 2007 is not having requisite experience.
(3.) TO meet with the contention of the respondents it is urged on behalf of the petitioner that the AICTE by the communication dated 10. 9. 2003 as per the recommendations of an expert committee clarified that since the teachers in the Universities/university, Department of Science/ Humanities are governed by the UGC, whereas in the same university Engineering faculty is governed by the AICTE, thus, the Engineering faculty is required to be treated at par with the Science/humanities in terms of experience as per UGC norms. It is also urged by counsel for the petitioner that the executive council is nobody to examine eligibility requirements and also that the claim of the petitioner is rejected with a view to support an Assistant Professor already working at Bikaner Engineering College. Heard counsel for the parties. The AICTE has been established by an act of the parliament for planning and coordinated development regulation and the maintenance of the norms and standards in technical education system. The AICTE has notified service conditions of teachers in degree level technical institutions and also incorporated the pay scales for the teachers working with such institutions. The cadre structure of the teachers at technical institutions is of four levels, consisting the posts of the Professor, Assistant Professor, Lecturer and the Principal/director with the ratio among Professor/assistant Professor/lecturer of 1:2:4. The recruitment to the posts above is based on merit by open national level selection without any relaxation in the prescribed qualification and the experience. The work load for the cadred posts of teachers is as follows:- 1. Professors -five hours per week. 2. Assistant Professors -16 hours per week. 3. Lecturers -16 hours per week. The scales of pay of various teaching posts in the technical education sector at degree level including the Engineering College, Bikaner is as follows:- 1. Lecturer -8000-275-13500 2. Assistant Professor -12000-420-18300 3. Professor -16400-450-20900-500-22400 ;