The petitioners challenge the possible reversion that might occur to them in the post of Associate Professor. It is inter alia contended that as per the AICTE norms, the persons promoted to the post of Associate Professor who does not have Ph.D has to take Ph.D within a period of seven years from the date of their appointment. If there is failure to take Ph.D within seven years there is a restriction in granting increment. As against the said norms, it is contended by the petitioners that an attempt is being made to revert the petitioners to the post of Assistant Professor. The petitioners are already served with Ext.P8 notice for which, they have given their replies. Ext.P9 is one of the reply given by one of the petitioners.
2. Learned Standing Counsel appearing for the respondents submits that in the light of the objection raised by the petitioners, the Director of IHRD has to take W.P.C. No.27792 of 2014 2 a decision in the matter.
3. It is submitted by the learned Senior Counsel appearing for the petitioners that the executive committee is seen to have already taken a decision in the matter to revert the petitioners to the post of Assistant Professor, which is not in accordance with AICTE norms.
4. Whatever that might be, the petitioners have a case that if the AICTE norms applies, they are not liable to be reverted. The only restriction that can be imposed is to stop the increments. It is for the Director to consider the same and pass appropriate orders. So far, no decision has been taken in the matter and therefore it is not possible for this Court to arrive at a finding in regard to the merits of the contentions raised by the petitioners.
In the circumstances, this writ petition is disposed of as under:
The respondents shall consider the claim of the petitioners with reference to Ext.P11 and pass appropriate orders thereon by giving reasons for the same after hearing the W.P.C. No.27792 of 2014 3 petitioners within a period of two months from the date of receipt of a copy of this judgment. The petitioners shall produce all the relevant documents to enable the Director to take appropriate decision in the matter. The said decision shall be untrammeled by any decision taken by the executive committee or any other authority. Until disposal of the same, the petitioners shall not be reverted.
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A.M. SHAFFIQUE JUDGE / True Copy / NS P.A. To Judge