Did the Delhi HC Justify PhD Requirement for Higher Pay?
Synopsis
Key Takeaways
- Delhi HC mandates PhD for higher AGP.
- Distinction between PhD and non-PhD holders upheld.
- Emphasis on improving academic standards.
- Court cautious about interfering with expert bodies.
- 2016 AICTE clarification introduced crucial distinctions.
New Delhi, Jan 21 (NationPress) The Delhi High Court has affirmed that holding a PhD degree is a necessary criterion for receiving the advanced Academic Grade Pay (AGP) of Rs 10,000 for Lecturers (Selection Grade) in government polytechnics.
A division bench comprising Justices Anil Kshetarpal and Amit Mahajan determined that differentiating between PhD and non-PhD holders is neither arbitrary nor discriminatory. This ruling came as a response to writ petitions filed by senior lecturers lacking a PhD who contested the All India Council for Technical Education’s (AICTE) directive mandating this qualification for promotion to AGP of Rs 10,000.
The petitioners, appointed as lecturers from 1989 to 1999 and currently serving as Lecturers (Selection Grade) with an AGP of Rs 9,000, argued that their junior peers with PhD degrees received the higher AGP, while they were excluded merely due to the absence of a doctoral qualification, which they claimed violated Articles 14 and 16 of the Constitution. The Delhi High Court stated that requiring a PhD as a qualification aligns with the objectives of enhancing academic standards.
“The requirement of a PhD for Lecturers in Selection Grade/Grade-IV aims to accomplish a valid goal — providing superior education to students, based on the premise that more qualified educators are better suited to impart academic knowledge effectively,” observed the bench led by Justice Kshetarpal.
“It is a well-established principle that courts should be cautious in interfering with decisions made by expert statutory bodies regarding academic qualifications, pay, and promotions, unless such actions are proven to be arbitrary or devoid of a legitimate statutory purpose,” it further noted.
The bench remarked that while the original AICTE Regulations of 2010 and the Career Advancement Scheme Regulations of 2012 did not differentiate between PhD and non-PhD lecturers concerning placement in AGP of Rs 9,000, the 2016 clarification intentionally established such a distinction to encourage higher academic qualifications.
Concluding that the classification set forth by the 2016 clarification was rational and constitutionally sound, the bench led by Justice Kshetarpal asserted that conferring AGP of Rs 10,000 exclusively to PhD holders “cannot be characterized as arbitrary, discriminatory, or in violation of Articles 14 and 16 of the Constitution of India.”
By ruling that the AICTE clarification was based on a “rational classification,” the Delhi High Court supported the CAT’s dismissal of the lecturers’ claims and rejected all writ petitions.