Court dismisses petitions challenging the requirement of a Ph.D. for advancing to higher pay grades, supporting AICTE's discretion in setting educational standards.
In a significant judgment delivered on January 20, 2026, the Delhi High Court dismissed a series of petitions challenging the All India Council for Technical Education (AICTE)'s prescription of a Ph.D. as an eligibility criterion for Lecturers seeking advancement to a higher Academic Grade Pay (AGP). The petitioners, who were lecturers at various Government Polytechnics under the Government of NCT of Delhi, contended that this requirement was arbitrary and discriminatory, violating Articles 14 and 16 of the Constitution of India.
The bench, comprising Justices Anil Kshetarpal and Amit Mahajan, observed that the differentiation between Ph.D. and non-Ph.D. lecturers for the grant of AGP of Rs.10,000 is rational and aligned with the legitimate objective of enhancing educational standards. The court emphasized that expert statutory bodies like AICTE have the discretion to prescribe qualifications to ensure the maintenance and enhancement of academic standards.
The petitioners, who were non-Ph.D. holders, argued that the 2016 AICTE clarification, which introduced this distinction, was arbitrary. They claimed it unfairly favored their colleagues who possessed a Ph.D., despite being junior in service. The court, however, reiterated that the prescription of higher qualifications serves as an incentive for academic advancement and is not discriminatory.
The court also referred to previous Supreme Court judgments which upheld the discretion of expert bodies like AICTE in academic matters. It stressed the limited scope of judicial review in such cases unless the prescribed conditions are proven to be arbitrary or without any rational nexus to the objectives of the statute.
By dismissing the petitions, the court has reinforced AICTE's authority in determining academic standards and qualifications, underscoring the judiciary's cautious approach in matters involving specialized educational policies.
Bottom Line:
Academic qualifications prescribed by expert statutory bodies, like AICTE, for career advancement and pay scale differentiation cannot be deemed arbitrary or violative of constitutional principles if they serve the legitimate objective of enhancing educational standards.
Statutory provision(s): Articles 14 and 16 of the Constitution of India, AICTE Act, 1987, AICTE Regulations, 2010, AICTE Regulations, 2012, AICTE Clarification dated 04.01.2016.
Sunil Kumar Tiwari v. Govt. of NCT of Delhi, (Delhi)(DB) : Law Finder Doc id # 2841181
