Case Note & Summary
The Supreme Court addressed the validity of Rule 6A of the Kerala Technical Education Service (Amendment) Rules, 2004 which provided exemptions from Ph.D. qualifications for certain teaching positions. The Court examined the interplay between State rules and AICTE regulations, holding that State rules must yield to Central regulations when repugnant. The Court clarified that Rule 6A had no application beyond 5th March 2010 when AICTE Regulations made Ph.D. qualifications mandatory for key teaching posts. The judgment established that promotions made under Rule 6A after 5th March 2010 were not legally sustainable, while protecting the service benefits of those promoted between 18th February 2003 and 5th March 2010.
Headnote
The Supreme Court examined the validity of Rule 6A of the Kerala Technical Education Service (Amendment) Rules, 2004 which provided exemptions from Ph.D. qualifications for certain teaching posts in technical education -- The Court held that State rules framed under Article 309 of the Constitution of India must yield to Central regulations when repugnant -- The AICTE Regulations issued on 5th March 2010 made Ph.D. qualifications mandatory for posts of Principals, Professors, and Associate Professors -- Rule 6A had no application beyond 5th March 2010 -- Those promoted as Assistant Professors between 18th February 2003 and 5th March 2010 could count their service for further promotions -- The Court clarified the temporal application of qualification exemptions in technical education appointments
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Issue of Consideration: The Issue of Consideration was whether Rule 6A of the Kerala Technical Education Service (Amendment) Rules, 2004 remained valid after the introduction of AICTE Regulations in 2010, and whether promotions made under the rule after 5th March 2010 were legally sustainable
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Final Decision
The Supreme Court held that Rule 6A of Kerala Technical Education Service Rules had no application beyond 5th March 2010 when AICTE Regulations made Ph.D. qualifications mandatory for key teaching posts. The Court clarified that State rules must yield to Central regulations when repugnant, and those promoted between 18th February 2003 and 5th March 2010 could count their service for further promotions.
