Can Associate Professors Be Demoted For Lack Of Ph.D? Supreme Court Issues Notice
Live LawThe Supreme Court on Friday issued notice on a special leave petition challenging a Kerala High Court judgment which held that Ph.D is mandatory for Associate Professor posts in technical institutions after 05.03.2010 as per AICTE regulations. The bench headed by Justice Kaul was hearing the challenge to the impugned judgment dated 03-12-2020 whereby a Division Bench of the High Court came to a finding that Rule 6A of the Special Rules for Kerala Technical Education Service, 1967 is not applicable after 5/3/2010. High Court's judgment In the impugned judgment of the High Court, a division bench comprising Justices AM Shaffique and P Gopinath had held as follows : "Rules 6A and 6A have no application beyond 5-3-2010, the date on which "Pay Scales, Service Conditions and Qualifications for The Teachers And Other Academic Staff In Technical Institutions Degree Regulations, 2010" were issued by the AICTE. In other words, after 5-03-2010, the qualification of Ph.D is mandatory for the posts of Principals,Professors and Associate Professors " The High Court also held that the Kerala Technical Education Service Rules framed by the State under Article 309 of the Constitution of India read with the provisions of the Kerala Public Services Act, 1968 will be subject to Regulations framed by the AICTE regarding the qualifications, method of appointment etc.