Varaka Kiran Kumar v. All India Council For Technical Education (Aicte)

Date : 28.2.2020 Between:

Varaka Kiran Kumar S/o Venkateswara Rao Aged about 37 Yrs Occ Ex Asst Professor R/o Plot No 91 Road No 4 New Vivekanandanagar Colony HMT Road Chintal Hyderabad Telangana 500 054 Petitioner And All India Council for Technical Education AICTE Nelson Mandela Marg Vasant Kunj New Delhi 110 070 rep by its Chairman & others Respondents The Court made the following:

ORAL ORDER:

Heard learned counsel for petitioner Sri C.Kalyan Rao, learned standing counsel for All India Council for Technical Education (AICTE) Ms. Megha Rani Agarwal, learned standing counsel for National Commission for Minority Educational Institutions Sri Namavarapu Rajeshwar Rao and Government Pleader for Education for third respondent.

2.

Services of petitioner were terminated by 5th respondent institute vide order dated 5.11.2018. Petitioner alleges that before termination he was not paid salaries for the period from 2017 to 2018 and original certificates submitted by him at the time of employment are not released in spite of several requests made by him. 3.

According to learned counsel for petitioner as per AICTE guidelines, once services of Assistant Professor are terminated or discharged, all certificates submitted by him at the time of employment should be returned and failing to return the same can result in action against the management. However, from the material on record, it is seen that petitioner has not made any such complaint to AICTE bringing it to their notice that management is not returning the documents belonging to him and that the management has not paid the pay and allowances payable to him while he was working with the 5th respondent institute. Learned standing counsel for AICTE also informs the Court

that AICTE could not take any action against 5th respondent Institute as petitioner has not made any complaint.

4.

Having regard to this learned counsel for petitioner submitted that petitioner be granted liberty to make an application to AICTE complaining against the management regarding failure of 5th respondent to release the documents and release of payment of pay and allowances for the period petitioner has worked. 5.

Therefore, writ petition is disposed of leaving it open to the petitioner to make application to the AICTE ventilating his grievance. No costs.

Miscellaneous petitions, if any pending, are closed. __________________ P NAVEEN RAO,J DATE: 28-2-2020 TVK

Date : 28.2.2020