AGP Upgradation and Re-Designation Dispute in NITs

In a recent legal dispute regarding AGP upgradation and re-designation in NITs, the High Court carefully examined the application of MHRD guidelines and the Act of 2007. The case highlights the significance of adhering to prescribed procedures in academic promotions, emphasizing the importance of ensuring that all actions are in line with legal frameworks and regulations.

Facts

• The Assistant Professors and Lecturers (Selection Grade) were re-designated as Associate Professors with AGP Rs.9000 based on MHRD guidelines of August 2009 and letter of December 2008.
• The Director of NIT, without due process, granted AGP Rs.9000 and re-designation as Associate Professor to six teachers after three years in AGP Rs.8000.
• The orders granting AGP Rs.8000 were fixed on June 25, 2013, and November 12, 2013, which were not challenged.
• The non-approval of the AGP increase by MHRD led to the filing of writ petitions in the High Court under Article 226 of the Constitution.
• The High Court held that MHRD was not competent to issue guidelines after the Act, 2007 came into force.
• The recruitment rules for the promotion of teachers in NIT were incorporated in 2017.
• The teachers were placed in the higher pay band of Rs. 37400-67000 with AGP Rs.9000 and re-designated as Associate Professors.
• The High Court upheld the Director of NIT’s order without the selection process and directed consideration for further promotion to the post of Professor.
• The appellant institution was initially the Regional Engineering College (REC), Hamirpur, later converted to NIT.
• The Career Advancement Scheme (CAS) was implemented in NITs after approval from the Board of Governors.
• The NIT Act was enacted in 2007 and the institution became NIT Hamirpur.
• The respondent teachers’ appointments and promotions were detailed based on recommendations and notifications.
• The respondent teachers were eventually placed in the higher pay band as Associate Professors in accordance with government directives.

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Arguments

• The High Court overlooked the fact that appointments were made in AGP Rs.8000 after recommendations by selection committee and approval by the Board of Governors, according to guidelines dated 14 March, 2012 and 18 March, 2013.
• The High Court’s reliance on MHRD circular dated 31 December, 2008 to uphold the orders of AGP Rs.9000 and re-designation to Associate Professor is not applicable to NIT teachers.
• The Director is not the competent authority to grant AGP Rs.9000 and re-designation as Associate Professor as per the Act 2007.
• The matter was sent to the committee, objections were raised, and finally referred to MHRD which found that appointments were not made in accordance with the guidelines of 14 March, 2012 and 18 March, 2013.
• MHRD guidelines dated 31 December, 2008 are not applicable to NITs after the Act, 2007 came into force.
• The Career Advancement Scheme was introduced by MHRD to address teacher stagnation post the Act, 2007.
• The first statute under Section 26(1) of the Act was notified on 23 April, 2009 did not include provisions for the Career Advancement Scheme.
• Each respondent teacher was appointed in AGP Rs.8000 based on orders dated 25 June, 2013 and 12 November, 2013.
• Guidelines issued by MHRD have binding force as per Section 5(d) of the Act 2007, despite the High Court’s finding that MHRD was not competent to issue guidelines after the Act, 2007.
• Respondent teachers were granted AGP Rs.8000 under MHRD guidelines in 2012 and 2013.
• They became entitled to AGP Rs.9000 and re-designation as Associate Professors after completing three years of service.
• The High Court upheld their entitlement to higher pay band and re-designation based on MHRD guidelines.
• An amendment to the statute in 2017 provided qualifications and conditions for academic staff of NITs.
• Actions prior to the amendment are governed by MHRD guidelines applicable at that time.
• Respondent teachers are eligible for promotion to the post of Professor as per the amended statute of July 2017.

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Analysis

• The process for AGP upgradation should be as serious and dignified as that for a change of designation.
• Special Committee was set up under the Chairmanship of Prof. Sarangi, Director, NIT-Rourkela to examine the issue of AGP upgradation.
• Eligibility for AGP upgradations needs to be assessed by the Selection Committee to ensure overall eligibility and suitability of the teacher.
• CAS scheme is an accelerated promotion avenue for qualified employees to climb the career ladder.
• The Ministry of HRD issued guidelines for revision of pay structure and re-designation of teachers in NITs, separate from guidelines for universities.
• The Director’s orders upgrading the pay band and re-designating the teachers without following the prescribed procedure were not approved by MHRD.
• The Board of Governors is the appointing authority for academic staff in NITs, as per the Act of 2007.
• The Council of NITs accepted recommendations for the implementation of CAS and Faculty Recruitment Rules.
• All promotions in NITs should be performance-based and subject to fulfillment of MHRD conditions.
• Guidelines provided by AICTE and UGC are not applicable to NITs, and CAS in NITs will be governed by MHRD guidelines.
• Assistant Professor with Ph.D and 3 years’ regular service at AGP of Rs. 6000/p.m. eligible for AGP of Rs. 7000/- p.m.
• Assistant Professor with Ph.D and 3 years’ regular service at AGP of Rs. 7000/- p.m. eligible for AGP of Rs. 8000/- p.m.
• Assistant Professor with Ph.D and 3 years’ regular service at AGP of Rs. 8000/- p.m. eligible for AGP of Rs. 9000/- p.m. and designation as Associate Professor.
• Associate Professor after 4 years’ service at AGP of Rs. 9000/- and Ph.D eligible for appointment and designation as Professor, only Ph.D holders eligible for promotion as Professor.

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Decision

• Pending application(s) stand disposed of with no costs.
• Respondent teachers may continue for the time being.
• Appellants directed to initiate the process to consider respondent teachers for pay band of Rs. 37400-67000 with AGP Rs.9000 and re-designation as Associate Professor within four months.
• Further course of action to be taken as per recommendations of the selection committee.
• Benefits to be granted from the date of suitability being adjudged.
• Aggrieved respondent teachers can avail legal remedy if not satisfied with recommendations.
• Respondent teachers currently working in AGP Rs.9000 eligible for re-designation as Associate Professor.

Case Title: NATIONAL INSTITUTE OF TECHNOLOGY Vs. OM PRAKASH RAHI (2022 INSC 371)

Case Number: C.A. No.-002575-002575 / 2022

Click here to read/download original judgement