AICTE norms bind all institutions under its umbrella: HC

AICTE norms bind all institutions under its umbrella: HC

Vasantha.Kumar@timesgroup.com

Bengaluru:31,05.2021 

The regulations of All India Council for Technical Education (AICTE), including the prescriptions and standards, bind all those institutions governed by it, the high court has said.

The court made this observation while holding that a professor of a Tumakuru private engineering college is entitled to continue in service till he attains the age of 65 in terms of AICTE norms.

Justice M Nagaprasanna pointed out that in the JP Unnikrishnan Vs State of Andhra Pradesh case, a constitution bench of the Supreme Court has held that recognition/ approval of institutions cannot be unconditional and the top court has reiterated that what applies to the main activity applies equally to supplemental activity as well.

Allowing the petition filed by GR Bharath Sai Kumar, who is working as a professor at Siddaganga Institute of Technology, the judge noted that if uniformity is not adopted by affiliated institutions, arbitrariness will creep in and every institution will impose service conditions at their whim and fancy.

Quashing the December 3, 2019 communication/notice issued by the college management seeking to retire the petitioner at the age of 60, the judge has added he is entitled to all the consequential benefits. Born on December 18,1960, Bharath Sai Kumar was appointed as a lecturer on April 1,1985 in the department of mechanical engineering. At the relevant point of time, he was working as a professor. The institute issued a memo on December 3, 2019 declaring the staff who would retire in 2020. The petitioner was shown to retire on December 31, 2020.

Bharath challenged this memo. He claimed the institute being governed by AICTE and as per its norms, a professor like him is entitled to continue in service till 65 years. He contended that even a VTU professor is continued in service till 62. Bharath continued in service on the strength of an interim order passed by HC on December 30, 2020.

The institute claimed it is an unaided educational institution and the petition is not maintainable. Another contention raised was that determination of age of superannuation is a matter of policy of the institute and there can be no application of any order of the government or the AICTE. The government submitted that the age of retirement of employees of the institute is not being regulated by it. AICTE argued it has been issuing notifications from time to time making it applicable to all degree-level technical institutions and all service conditions including retirement.