The Supreme Court has ruled that Assistant Professors in engineering colleges who were appointed after March 15, 2000, and did not obtain a PhD within seven years of their appointment, cannot be re-designated as Associate Professors under the 2010 All India Council for Technical Education (AICTE) notification.
However, the court upheld the entitlement of those appointed before March 15, 2000—when a PhD was not a mandatory requirement—to be promoted to Associate Professor under the 6th Pay Commission. These individuals are to receive the higher pay scale with an interest of 7.5% per annum on arrears, payable within four weeks, failing which the interest will increase to 15%.
For those hired after the 2000 cutoff without a PhD, the Supreme Court denied their claims for re-designation and higher pay. The ruling clarified that the term “incumbent Assistant Professor” in the 2010 AICTE notification applies only to those who either held a PhD at the time of appointment or earned it within the prescribed seven-year period.
The dispute stemmed from a case involving faculty members appointed between 1995 and 2009. The AICTE had initially introduced a PhD requirement under the 5th Pay Commission and later mandated its completion within seven years. The 2010 notification allowed for re-designation of Assistant Professors to Associate Professors based on years of service but required a PhD. Some faculty members, lacking the qualification, challenged their exclusion and initially won in the Bombay High Court. The Supreme Court has now reversed that decision, affirming that only those meeting the PhD requirement are eligible for promotion.
The court noted that faculty members who later obtain a PhD may apply for re-designation and higher pay at their respective institutions.
