Patna HC Upholds AICTE Increments For Bihar Technical College Assistant Professors: 2 For MTech, 5 For Entry-Level PhDs, 3 For In-Service PhDs

In brief

The question

1. Whether the AICTE Regulations, 2019, as adopted by Bihar, entitle an Assistant Professor with a relevant postgraduate degree to two non-compounded advance increments at entry level.

The court held

The Division Bench dismissed the appeal as without merit and upheld the Single Judge’s order directing implementation of the relevant increment provisions.

It also directed

It further directed that, if the order was not implemented within six months, the respondents would be entitled to interest at 6% per annum on the amounts payable.

The delay of 75 days in filing the appeal was condoned, and pending applications were disposed of.

01Facts

The respondents, Assistant Professors in technical colleges under Bihar’s Science and Technology Department, sought advance increments based on their M.Tech./Ph.D. qualifications.

¶ 5–8

The AICTE Regulations, 2019 provide for increments for specified higher qualifications, and the State adopted those Regulations through Finance Department Notification No. 9631 dated 2 December 2019, with effect from 1 January 2016.

¶ 5–8

The Single Judge allowed the respondents’ writ petition and directed the State to implement the notification’s provisions on increments.

¶ 4, 18–22 · pp. 2–5

The State appealed, contending that the relevant provisions applied only to persons appointed with the qualifications or who obtained them while in service.

¶ 9–10

The appeal was filed 75 days late; the Division Bench condoned the delay.

¶ 1–3 · p. 2

02Issues

i.1. Whether the AICTE Regulations, 2019, as adopted by Bihar, entitle an Assistant Professor with a relevant postgraduate degree to two non-compounded advance increments at entry level.

¶ 7, 11

ii.2. Whether an Assistant Professor with a relevant Ph.D. is entitled to five advance increments if the degree was held at appointment, or three increments if completed while in service.

¶ 7, 12

03Law Applied

Clause 2.22 of the AICTE Regulations, 2019 provides for five non-compounded advance increments at entry level for a recruitee possessing a qualifying Ph.D.; two increments at entry level for a person possessing a recognised postgraduate degree such as M.Tech.; and three increments, fixed at the entry-level increment, for an Assistant Professor who completes a qualifying Ph.D. while in service.

¶ 7

Bihar adopted the AICTE Regulations through Finance Department Notification No. 9631 dated 2 December 2019, effective from 1 January 2016.

¶ 6, 8

The Court treated the wording of Clause 2.22 and the State’s adoption of the Regulations as controlling; it cited no judicial precedent.

¶ 10–12

04Reasoning

The Court held that the State’s interpretation was inconsistent with Clause 2.22’s plain language.

¶ 7, 11–12

The clause expressly grants two increments to a person who possesses the specified postgraduate degree at entry level, and separately provides five increments for a qualifying Ph.D. held at entry and three for a qualifying Ph.D. completed in service.

¶ 7, 11–12

Because the State had adopted the Regulations, it could not deny those benefits on the basis of the interpretation advanced in the appeal; the Court therefore agreed with the Single Judge.

¶ 8–10, 13

05Holding

The Division Bench dismissed the appeal as without merit and upheld the Single Judge’s order directing implementation of the relevant increment provisions.

¶ 13

It further directed that, if the order was not implemented within six months, the respondents would be entitled to interest at 6% per annum on the amounts payable.

¶ 14

The delay of 75 days in filing the appeal was condoned, and pending applications were disposed of.

¶ 2–3, 15

LawLens.Patna High Court

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