Expert Body’s Prerogative (Para 25): Courts cannot interfere with AICTE’s academic standards unless arbitrary. Incumbent Assistant Professor (Para 27): Only includes Ph.D. holders/pre-2000 appointees. Two-Class System (Para 26): Ph.D. and non-Ph.D. teachers cannot be treated equally for promotions.

Pre-2000 Appointees (Without Ph.D.): Entitled to benefits (Pay Band ₹37,400–67,000 + AGP ₹9,000) with 7.5% interest on arrears. Post-2000 Appointees (Without Ph.D.): Denied benefits unless they acquired Ph.D. later (e.g., Dr. Madhavi Ajay Pradhan). Could reapply for benefits upon obtaining Ph.D. 2016 Notification: Clarificatory, not statutory; only stops increments, does not grant redesignation. (Paras 27–29)

Major Acts & Provisions:

1. All India Council for Technical Education Act, 1987 (AICTE Act, 1987)

   • Section 3 – Statutory constitution of AICTE.

   • Section 10 – Functions of AICTE, including prescribing norms for staff qualifications.

   • Section 23 – Power to make regulations.

2. AICTE Notifications:

   • 15.03.2000 Notification – Introduced Ph.D. as mandatory qualification for Assistant Professors.

   • 28.11.2005 Notification – Required non-Ph.D. Assistant Professors to obtain Ph.D. within 7 years.

   • 05.03.2010 Notification – Revised pay scales and redesignation rules.

   • 04.01.2016 Clarificatory Notification – Stated stoppage of increments (not reversion) for non-Ph.D. teachers.

Key Facts:

• Nature of Litigation: Challenge to Bombay High Court order directing the appellant-Society to extend 6th Pay Commission benefits to respondent-teachers.

• Parties:

  • Appellant: Private engineering institute (non-grant-in-aid).

  • Respondents: Teachers appointed between 1995–2009, mostly without Ph.D.

• Dispute: Whether non-Ph.D. teachers appointed post-15.03.2000 are entitled to higher pay scale and redesignation as Associate Professors under AICTE norms.

Issues:

1. Whether teachers appointed before 15.03.2000 (when Ph.D. was not mandatory) are entitled to higher pay scales under the 2010 AICTE Notification?

2. Whether teachers appointed after 15.03.2000 (without Ph.D. or failing to obtain it within 7 years) can claim redesignation and pay benefits?

3. Whether the 2016 Clarificatory Notification (stating stoppage of increments but no reversion) has statutory force?

Submissions/Arguments:

• Appellant:

  • Ph.D. was mandatory post-2000; non-compliance disqualifies teachers from benefits.

  • Gelus Ram Sahu (2020) held the 2016 Notification as non-statutory and merely reiterative.

• Respondents:

  • Christy James Jose (2016) suggested stoppage of increments, not denial of redesignation.

  • 2016 Notification protects their service continuity.

Subjects:

AICTE Notifications, Ph.D. Mandate, Pay Scale Revision, Associate Professor Redesignation, Clarificatory Notification, Academic Standards, Judicial Restraint.

Final Directions:

• Allowed for pre-2000 appointees and one respondent with Ph.D.

• Dismissed for post-2000 non-Ph.D. teachers.

• Pending Review Petitions in Bombay High Court to be decided per this judgment.