(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent college and the affiliating university I.E. Vtu to constitute Grievance Redressal Committee at the Institutional Level and at the University Level in accordance with the regulations framed by Aicte published in the official gazette on 22.03.2021 and regulations namely all India Council for Technical Education (Redressal of Grievance of faculty/stall members) regulations of 2021 (Annx-H) and etc.)

Oral Order

1. The petitioners have filed this writ petition seeking following reliefs:

          (i) To direct the respondent college and the affiliating University i.e. VTU to constitute Grievance Redressal Committee at the Institutional Level and at the University Level in accordance with the Regulations framed by AICTE published in the Official Gazette on 22.03.2021 and Regulations namely All India Council for Technical Education (Redressal of Grievance of Faculty/Stall Members) Regulations of 2021 (Annexure-H);

          (ii) Direct the respondents to consider the payment of full salary to the petitioners including the deductions and the denial of salary is contrary to the notification dated 22.01.2010 (Annexure-D) and 01.03.2019 (Annexure-E) as approved by the state Government in its Government Order dated 24.03.2020 (Annexure-F) and direct the college authorities to make good and to pay the full salary as directed by the All India Council for Technical Education.

          (iii) Direct the college authorities to pay the salary which has been denied and salary which has been illegally deducted along with 12 percent interest as per (Annexure- R) or as deemed fit by this Hon'ble Court.

          (iv) Declare that all the universities and institutions including respondents imparting technical education should pay the salary to its teaching staffs and other academic staffs in terms of the AICTE regulations dated 22.01.2010 and 01.03.2019,( Annexure-D) and (Annexure- E).

          (v) Direct the VTU to see that each one of the affiliated engineering colleges or polytechnic colleges should comply to constitute Grievance Redressal Committee at the institutional level and to comply the Regulations of 2021 notified on 22.03.2021 namely All-India Council for Technical Education (Redressal of Grievance of Faculty/Staff Members) Regulations of 2021 (Annexure-H)."

2. Brief facts leading rise to the filing of this petition are as follows:

3. The petitioners were appointed on permanent basis in the respondent-Institution on All India Council for Technical Education ("AICTE") pay scale during 2002 to 2012. On 22.01.2010, AICTE has framed Regulations pertaining to Pay Scales, Service Conditions and Qualifications for the Teachers and Other Academic Staff in Technical Institutions (Degree) Regulations, 2010 and on 01.03.2019, framed AICTE Regulations on Pay Scales, Service Conditions and Minimum Qualification for the Appointment of Teachers and other Academic Staff, such as Library, Physical Education and Training and Placement of Personnel in Technical Institutions and Measures for the Management of Standards in technical Education (Degree) Regulations, 2019.

4. The respondents deducted the salary of the petitioners without assigning the reason and without serving the notice to the petitioners, contrary to the Regulations framed by the AICTE. The petitioners submitted their representations to the respondents. It is also contended that the Redressal Committee constituted by the respondents is not in accordance with Regulation No.4 of All India Council for Technical Education (Redressal of Grievance of Faculty/staff member) Regulations, 2021. Hence, this petition.

5. Heard Sri.V.Lakshminarayana, learned Senior Counsel for the petitioners and the learned counsel for respondent Nos.5 and 6.

6. Learned Senior Counsel submits that the Redressal Grievance Committee constituted by respondent Nos.5 and 6 is not in accordance with the AICTE Regulations, 2021. He submits that a direction be issued to respondent Nos.5 and 6 to constitute a Redressal Grievance Committee in terms of Regulation 4 of AICTE Regulations, 2021 and further, liberty be reserved to the petitioners to approach the Redressal Grievance Committee. Hence, on these grounds, prays to dispose of the writ petition.

7. Per contra, learned counsel for respondent Nos.5 and 6 would submit that though respondent Nos.5 and 6 have constituted a Redressal Grievance Committee, if this Court is of the opinion that the Redressal Grievance Committee constituted by respondent Nos.5 and 6 is not in accordance with the AICTE Regulations, 2021 respondent Nos.5 and 6 may be granted a reasonable time to constitute a fresh Redressal Grievance Committee, in terms of the Regulations of AICTE. Hence, prays to dispose of the writ petition.

8. Perused the records and considered the submissions of the learned counsel for the parties.

9. It is an undisputed fact that the petitioners were appointed on a permanent basis in respondent Nos.5 and 6 - Institution. Meanwhile, in 2010, the AICTE has framed the Regulations. The said Regulations are applicable to respondent Nos.5 and 6 - Institution. It is submitted that the respondents have deducted the salary of the petitioners without assigning any reasons.

10. In such cases, it is mandatory that if any employee is aggrieved by any action of the Institution, he has to approach the Grievance Redressal Committee and the same has to be constituted in terms of Regulation 4 of the AICTE Regulations, 2021.

11. Admittedly, though respondent Nos.5 and 6 have constituted the Grievance Redressal Committee, the constitution of the said Committee is not in accordance with Regulation 4 of AICTE Regulations, 2021, as most of the members of the said Committee are the staff members of respondent Nos.5 and 6 and there are no members from the affiliating University, an official from the University or State Directorate of Technical Education (DTE) (to be nominated by DTE/University Vice-Chancellor) as a member; and one Senior Faculty (not below Associate Professor) as Member.

12. Admittedly, neither the Senior Professor of affiliating University nor any official from the University or State DTE are the members of the said Grievance Redressal Committee. Thus, the Grievance Redressal Committee constituted by respondent Nos.5 and 6 is not in accordance with Regulation 4 of the AICTE Regulations, 2021.

13. Learned counsel for respondent Nos.5 and 6 submits that if a reasonable time is granted to respondent Nos.5 and 6, they would constitute a Grievance Redressal Committee, in terms of Regulation 4 of AICTE Regulations, 2021.

14. In view of the submissions made by the learned counsel for respondent Nos.5 and 6, and in the facts and circumstances of the case, I proceed to pass the following order:

ORDER

          (i) The writ petition is disposed of directing respondent Nos.5 and 6 to constitute a Grievance Redressal Committee in terms of Regulation 4 of AICTE Regulations, 2021 within one month from the date of receipt of a certified copy of this order;

          (ii) If respondent Nos.5 and 6 makes a request to respondent Nos.2 and 4 to nominate their representatives as members of Grievance Redressal Committee, respondent Nos.2 and 4 are directed to nominate their members for Grievance Redressal Committee within 15 days from the date of the request made by respondent Nos.5 and 6.

          (iii) After constituting the Grievance Redressal Committee, petitioners are directed to approach the Grievance Redressal Committee.

          (iv) All contentions of the parties are kept open.