A. Jayalakshmi v. The Secretary For Education
W.P.No.2581 of 2012 J. SATHYA NARAYANA PRASAD, J.
This matter is listed today under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner.
2. It is brought to the notice of this Court that some typographical errors have been crept in the order dated 27.04.2023 at paragraph Nos.3 &
6. Accordingly, the following corrections shall be incorporated in the order, "3. When the matter was taken up for hearing, learned counsel appearing for the fourth respondent/AICTE submitted a clarification report dated 20.03.2023 before this Court. For better appreciation, relevant passage of the said report is extracted hereunder:
" In this connection, the Legal Cell and the legal counsel were already informed vide this Bureau's earlier comments that the norms relating to the qualification of Librarians and Physical Education Instructors has been prescribed by this Council in Gazette Notification dated 15.03.2000, wherein the qualification of NET is not mentioned anywhere. Hence, the AICTE Gazette Notification dated 15.03.2000 along with the comments of this Bureau may be placed before this Hon'ble High Court."
6. Considering the facts and circumstances of the case and the submission made by the learned counsel on either side, this Court issues the following directions:
(i) In regard to the grant of the AICTE Pay Scale with effect from the date of appointment and consequent revision of pay scales under the 6th C.P.C and 7th C.P.C, the respondents 1 to 3 are directed to pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order." shall be replaced as "3. When the matter was taken up for hearing, learned counsel appearing for the fourth respondent/AICTE submitted a clarification report dated 20.03.2023 before this Court. For better appreciation, relevant passage of the said report is extracted hereunder:
" In this connection, the Legal Cell and the legal counsel were already informed vide this Bureau's earlier comments that the norms relating to the qualification of Librarians and Physical Education Instructors has been prescribed by this Council in Gazette Notification dated 15.03.2000, wherein the qualification of NET is not mentioned anywhere. Hence, the AICTE Gazette Notification dated 15.03.2000 along with the comments of this Bureau may be placed before this
Hon'ble High Court.
3.1 Further clarification was given by AICTE by email dated 21.03.2023 to the learned counsel for the fourth respondent which was placed on record and the same is extracted as below:- "NET is not an essential qualification for the post of Physical Education Instructors in Diploma Level Technical institutions".
6. Considering the facts and circumstances of the case and the submission made by the learned counsel on either side, this Court issues the following directions: "(i) The petitioner is entitled to the grant of AICTE Pay Scale of Rs.8,000 - 13,500 with effect from the date of appointment and consequent revision of pay scales under the 6th C.P.C. and 7th C.P.C. pay scale with arrears and the respondents 1 to 3 are directed to pass necessary consequential orders within a period of six weeks from the date of receipt of a copy of this order".
3. Thereby, he would request that the said portion of the order may be corrected and copies may be issued accordingly.
J. SATHYA NARAYANA PRASAD, J.
dpq
4. Registry is directed to carry out the necessary corrections in the Order and issue fresh order copy.
05.06.2023 dpq (3/3) W.P.No.2581 of 2012