Government of NCT of Delhi v. Parmanand

r- * m THE HIGH COURT OF DELHI AT NEW DELHI 0/ ludament Reserved On:14'^^ luly, 2010 luddment Delivered On:6^^August, 2010 + W.P.fC^ 1325/2010 GOVERNMENTOF NCT OF DELHI Petitioner Througli: Mr. V.K. Tandon, Ms. Mamta Tandon. Advs. Versus PARMANAND "i;' Through: Mr.Arun Bhardwaj.Mr. Piyu^h . Gaur, Ms. Ruchika, Advs. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MOOL CHAND GARG

¶1Whetherthe Reportersof local papersmay be allowed to see the judgment?

¶2To be referred to Reporter or not?

¶3Whetherthe judgmentshould be reportedin the Digest? PRADEEP NANDRAjOG, J. For orders, see W.P.(C) No.10640/2009. (PRADEEP NANDRAJOG) JUDGE (mooljChawdVsarg) JUDGI AUGUST 06, 2010 mm W.P.(C)No.1325/2010 ^ ^ f Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. + IN THE HIGH COURT OF DELHI AT NEW DELHI o/o ludament Resen/ecl 00:14"" lulv. 2010 ludament Delivered On.-6'^ /August. 2010 + W.P.tC^ 10640/2009 GOVTOF NCT OF DELHI Petitioner Through: Mr.V.K.Tandon, Ms. Mamca Tandon, Advs. Versus SURESH CHAND VASHIST &ORS. Respondents • Through: "Mr Arun Dhardwaj, Mr. Piyush Gaur. Ms. Ruchika, Advs. W.P.(C) 1325/2010 GOVERNMENTOF NCT OF DELHI Petitioner Through: Mr. V.K. Tandon, Ms. Mainta Tandon. Advs. Versus PARMANAND Respondent Through: Mr.Arun Bhardwaj,Mr. Piyush Gaur. Ms. Ruchika, Advs. w.P.fC^ 1326/2010 GOVERNMENTOF NCT OF DELHI Petitioner Through: Mr. V.K. Tandon, Ms. Mainta Tandon, "Advs. Versus SMT.5WATANTRANAYYAR Respondent Through: Nemo. W.P.(C) 1358/2010 GOVERNMENTOF NCT OF DELHI Petitioner Through: Mr. V.K. Tandon, Ms. Mamta Tandon, Advs. W.P.(C)No.10640/2009&ConnectedMatters Page1of 28 Versus SHEO RAJ SINGH Respondent Through: Mr. Harish Kumar Mehra, Adv. \AJ.P.(C^ 1375/2010 GOVERNMENTOF NCT OF DELHI Petitioner Through; Mr. V.K. Tandon, Ms. Mamta Tandon, Advs. Versus ASHOK KUMAR ResponTlent Through; 'Mr. Harish Kumar Mehra, Adv. W.p.tct 1767/2010 GOVERNMENTOF NCT OF DELHI • Petitioner Through; Mr. V.K. Tandon. Ms. Mamta Tandon, Advs. Versus SHIV RAM SUMAN ' -Respondent Through: Mr. SanjoyGhose. Adv. W.P.(C) 13199/2009 UNION OF INDIA AND ORS Petitioners Through; Mrs. AvnishAhlawat,Ms. Latika Chaudhary, Advs. Versus ASHOK KUMAR Respondent Through: Nemo. • W.P.IC) 13200/2009 UNION OF INDIA AND ORS Petitioners Through: Mrs. AvnishAhlawat, Ms. Latik.a Chaudhary, Advs. W.P.IC)No.10640/2009&ConnectedMatters 2of 28 Versus DHANESH KUMAR Respondent Through; Nemo. W.P.fC) 13213/2009 UNION OF INDIA AND ORS Petitioners Through: ' Mrs. AvnishAhlawat, Ms. LaCika Chaudhary, Advs. Versus DRAUPADI ' Respondent Through; Nemo. SN.PJC) 13238/2009 GOVTOF NCTOF DELHI AND'ORS Petitioner Through: .Mrs. AvnishAhlawat, Ms. Latika Chaudhary. Advs. Versus PARAMJEETKAUR DHILLON Respondent Through; Nemo. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MOOL CHAND GARG

¶1Whetherthe Reportersoflocal papers may be allowed to see the judgment?

¶2To be referred to Reporter or not?

¶3Whetherthe judgmentshould be reportedin the Digest? PRADEEP NANDRAIOG. I.

¶1On 23.X2.1987,All India Council for Technical Education Act. 1987 (hereinafter referred to as the "AlCTE Act") was enacted by the Parliamentby virtue ofits powers under Entry 56 of Union List wherein exclusive power is vested with the Central Governmentwith regard to technical education. The Preamble to AlCTE Act reads as under:- W.P.IC)No.106'10/2009&ConnectedMatters ^^6®^ "An Act to providefor the establishment of an All India Council for Technical Education with a view to proper planning and co-ordinated development of the technical education system throughout the country, the promotion of qualitative improvement of such education in relation to planned quantitative growth and the regulation and proper maintenance of norms and standards in the technical education system and for matters connected therewith."

¶2Under Section of the AlCTE Act, the Central Government has the powerto appoint a Council called All India Council of Technical Education (hereinafter referred to as "AlCTE").Relevant would it be to note that Section 10 of AlCTE Act enumerates the powers and functions of the Council and reads as under;-"10. Functions of the Council -It shall be the duty nf the Council to take all such steps as it may think fit for ensurino coordinated and integrated develooment nf technical education and maintenance of standards and for the puroose for oerforminc its functions under ^his Art, the Council mav-

(a) undertake survey in the various fields of technical education, collect data on all related matters and make forecast of the needed growth and development in technical education;

(b) coordinate the development of technical education in the country at all levels;

(c) allocate and disburse out of the Fund of the Council such grants on such terms and conditions as it may think fit to-

(i) technical institutions, and

(ii) Universities imparting technical education in coordination with the Commission;

(d) promote innovations,research and.development In established and new technologies, generation, adoption and adaptation of new technologies to meet W.P.(C)No.10600/2009&ConnectedMatters PsB® of28 V developmental requirements and for overall improvement of educational' processes;

(e) formulate schemes for promoting technical education for women, handicapped and weaker 'sections of the society;

(f) promote an effective link between technical education system and other relevant systems including research and development organisations, industry and the community;

(g) evolve suitable performance appraisal systems for technical institutions and Universities imparting technical education, incorporation norms and mechanisms for enforcing accountability;

(h) formulate schemes for the initial and in-service training of teachers and identify institution or centres and set up new centres for offering staff development programmes including continuing education of teachers;

(i) lav down norms and standards for courses, curricula, physical and instructional facilities, staff oattern, staff Qualifications, quality instructions, assessment and examinations;

(j) fix norms and guidelines for charging tuition and other fees;

(k) grant approvals for starting new technical institutions and for introduction of new courses or programmes in consultation with agencies concerned;

(I) advise the Central Government in respect of grant of charter to any professional body or institution in the field of technical education conferring powers, rights and privileges on it-for the promotion of such profession in its . field including conduct-of examinations and awarding of membership certificates;

(m) lay down norms for granting autonomy to technical institutions:

(n) take all necessary steps to prevent commercialisation of technical education; W.P.(C) No.10640/2009 & Connected Matters Pa?.e 5 of 28

(o) provide guidelines for admission of studies to technical institutions and Universities imparting technical education:

(p) inspect or cause to inspect any technical institution;

(q) withhold or discontinue grants in respect of courses, programmes to such technical institutions which fail to comply with the directions given iDy the Council within the stipulated period of time and take such other steps as may be necessary for ensuring complianceofthe directionsofthe Council:

(r) take steps to strengthenthe existingorganisations, and to set' up new organisations to ensure effective discharge of the Council's responsibilities and to create positions of professional, technical and supporting staff based on requirements:

(s) declare technicalinstitutionsat various levels and types offering courses in technical education fit to receive grants;

(t) advise the Commissionfor declaringany institution impartingtechnicaleducationas a deemed University;

(u) set up a National Board of Accreditation to . periodically conduct evaluation _of technical institutionsor programmeson the b&sis of guidelines, norms and standards specified by it and to make recommendation to it, or to the Council, or to the Commission or to other bodies, regarding recognition or de-recognition of the Institution or the programme;

(v) perform such other' functions as may be prescribed." (EmphasisSupplied) Consequent upon revision of pay scales of Central Governmentemployeeson the recommendationsof 5"^'' Centra! Pay Commission, ' Ministry of Human Resource and Development! Government of India issued orders dated 09,10.1998 and 14.09.1999directingAlCTE to frame a scheme for revision of pay scales of teachers employed in Technical Institutionspursuant to which AlCTE framed such a scheme. AlCTE issued notificationdated 30.12.1999relatingto revision W.P.(C)No.l0540/2009&ConnectedMatters . Page Sof 28 0/ A of pay scalesand serviceconditionsof teachers,librariansand physical education personnel employed in diploma level Technical Institutions. The relevant portion of the said notification reads as unden- "AlCTE NOTIFICATION FOR REVISION OF PAY-SCALES AND ASSOCIATED TERMS AND CONDITIONS OF SERVICE OF TEACHERS. LIBRARIANS AND PHYSICAL EDUCATION PERSONNEL FOR DIPLOMA LEVEL TECHNCIAL INSTITUTIONS

1.0 PREAMBLE The Government of India, Ministry of Human Resource Development, Department of Education has issued orders vide letter NO.37-104/95-TS-11, dated October 9, 1998 and of even No. dated January 14, 1999 implementinga schemeof revisionofpay scales of teachers of degree level Technical Institutions, followingrevisionof payscales of CentralGovernment employees on the recommendationof Fifth Central • Pay Commission.The Government-ordersrequire that AlCTE notify other terms and conditionsof service of such teachers with the approval of Ministry of Human Resource Development. In line with the revised pay-scales of teachers of degree level technicalinstitutionsand the associated service conditions, AlCTE has now revised the pay-scales and associated service conditions of teachers, librarians and physical education personnel in diploma level technical institutions, with the concurrence of Ministry of Human Resource Development. These revised pay scales and associated service conditions are given in this notification.

2.0 COVERAGE

2.1 Scope: The provisionsof this notificationapply to teachers, librarians and physical education personnel in diploma level technical institutions, covered under the AlCTE Act.

2.2 Date of Effect: W.P.(C)No.10640/2009&ConnectedMatters Page7of 28 The revised pay-scales, Career Advancernent Scheme and incentiv.es for higher qualification given in this notification shall be effective from January 1, 1996. All other terms and conditions come into force with effect from date of this notification.

2.3 State Government "Institutions and Private Aided Institutions: Taking into account the local conditions, a State Government mav implement the revised pa'V-scales from a date later than lanuarv

¶11996 and/or implement pav-scales other than tho'=;p given in this notification, but which are not higher than the pay-scales oiven in Tables (Appendix A 1. 2 and 3). In such cases, the details of the nnodification proposed either to the scales of oav or the date from which the Scheme is to be implemented, should be furnished to the All india Council for Technical Education for its approval.

4.0 PAY-SCALES The revised pay-scales for teachers of diploma level .technical institutions are given in Tables {Appendix A-1 and 2).

5.0 QUALIFICATIONS

¶1The prescribed minimum qualifications and experience requirements for various-teaching posts in diploma level technical institutions are given (Appendix - B)

¶2Where qualifications and experience prescribed for a post in this pay revision are higher than the qualifications and experience prescribed by AlCTE for that post prior to this revision,

(i) the revised qualifications and experience will be required only for fresh appointees to that post and will not be insisted on for existing incumbents working on those positions.

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