- (1.) The petitioner has approached this Court for the following relief's: (i) An appropriate writ, order or direction commanding upon the respondent authorities particularly respondent Nos. 1, 2, 3 and 4 to show cause as to how and under what authority they have not considered the candidature of the petitioner for appointment to the post of Assistant Professor, Electrical Engineering (now re-designated as Associate Professor) despite the reason the petitioner is declared successful and his name for the purpose of appointment has been recommended by the Jharkhand Public Service Commissioner in its recommendation dated 10.08.2011 and 07.09.2011. (ii) For issuance of further writ, order or direction commanding upon the respondent authorities particularly respondent Nos. 1, 2, 3 and 4 to immediately and forthwith consider the candidature of the petitioner for the purpose of his appointment to the post of Assistant Professor, Electrical Engineering (now re-designated as Associate Professor). The brief facts of the case as disclosed in the writ petition are that, the petitioner was initially appointed on the post of Assistant Professor (Electrical Engineering) on 26.02.1993 and since then he has been working at B.I.T. Sindri. An advertisement was issued on 22.06.2007 inviting applications for appointment on various posts. The petitioner applied for appointment on the post of Assistant Professor (Electrical Engineering). Subsequently after coming into force of All India Council for Technical Education (A.I.C.T.E.) Notification, the post of Assistant Professor was re-designated as Associate Professor. A corrigendum was issued in which, the essential educational qualification for appointment on the post of Assistant Professor was provided as under: Qualification: Ph.D. Degree with the first class Degree at Bachelor's or Master's level in the appropriate branch of Engineering/Technology. Experience: Ph.D. degree with the First class Degree at Bachelor's or Master's level in the appropriate branch of Engineering/Technology with 3 years experience in teaching/Industry/Research at the level of Lecturer of equivalent OR First class degree at Master's level in the appropriate branch of Engg. Tech. with 5 years experience in Teaching/Industry/Research at the level of Lecturer or equivalent. Such candidates will be required to obtained Ph.D. Degree within a period of 7 years from the date of appointment as Assistant Professor.
(2.) It appears that All India Council for Technical Education (A.I.C.T.E.) issued a Notification on 05.03.2010 whereby possessing a Ph.D. degree for appointment on the post of Assistant Professor (re-designated as Associate Professor) was made mandatory. The notification dated 05.03.2010 of the A.I.C.T.E. was adopted by the Government of Jharkhand by Resolution dated 31.03.2012. The name of the petitioner was duly recommended by the Jharkhand Public Service Commission (J.P.S.C.) on 10.08.2011 and 07.09.2011 however, he was not offered appointment on the post of Assistant Professor and therefore, the petitioner has approached this Court by filing the present writ petition.
(3.) The relevant paragraphs of the counter-affidavit filed by the respondents are as under: 10. That it is humbly stated and submitted that on the basis of this advertisement and the corrigendum issued, a candidate desirous of being appointed on the post of Assistant Professor was required to possess the qualification of Ph.D. with First Class Degree at Bachelor's or Master's level in the appropriate branch under the head of experience it was stated that those candidates with First Class Degree at Master's level in the appropriate branch of engineering with five years experience in teaching could also apply. However, such candidates, if selected would have to complete Ph.D. within seven years. 11. That it is humbly stated and submitted that however, before the appointment for the post of Assistant Professor and Professor could be made the AICTE issued fresh notification vide letter No. F. No. 37-3 Legal/2010 dated 13.03.2010 and a subsequent corrigendum issued on 14.05.2010 bringing about certain changes in the eligibility criteria for the various posts. 12. That it is humbly stated and submitted that from a kind perusal of Annexure-A Series of this counter-affidavit, it shall appear that the post of lecturers was rechristened as Assistant Professor and accordingly the posts of Assistant Professor was re-christened as Associate Professor. 13. That it is humbly stated and submitted that it shall further appear the liberty allowed to the Assistant Professor (in the changed scenario Associate Professors) to complete Ph.D. degree within seven years of their appointment was done away with meaning thereby that a candidate desirous of being appointed on the post of Associate Professor must possess Ph.D. Degree on the date of his making an application for the said post. 14. That it is humbly stated and submitted that the said notification issued by the AICTE was adopted by the State of Jharkhand vide resolution taken vide memo No. 784 dated 31.03.2012 with effect from 01.01.2006. By the said notification the teaching faculty was extended the benefit of pay revision and their salary was brought at par with the employees of the Central Government. Clause-4 of the letter No. 784 dated 31.03.2012 made it clear that by the said circular all conditions applicable to the employees of the Central Government would be applicable, except the enhancement of age of retirement. It is also relevant to point out that the petitioners have been held entitled to benefit of pay revision from 01.01.2006 and also drawing salary on revised pay scale as per AICTE 6th Pay Rules. On the one hand the petitioner has accepted the revised scale provided in the letter No. 784 dated 31.03.2012 on the other hand they are not ready to accept the changed eligibility criteria provided in the same letter for direct appointment on higher post. 15. That it is humbly stated and submitted that after the adoption of the recommendations of the AICTE the State Government was bound to make appointment in conformity with the recommendations of the AICTE. 16. That it is humbly stated and submitted that since during the pendency of the advertisement had changed rendering the petitioner ineligible for the post of Associate Professor, he could not be appointed on the post of Associate Professor.;