Government applies qualification criteria with retrospective effect


I am lecturer in English working in Gujarat government. diploma engi. College. My appointment is in 1999. In 2010 AICTE published notification for career advancement scheme. It did not say anything against my interest in the notification. In 2016 January it published a clarification that stated that PhD is essential for incumbents like me to get AGP 9000 which was due in 2013. Govt's act of applying rules from retrospective effect has disastrous effect on many like me. Please guide.

Answers (3)


260 votes

You have to file writ petition in the high court under article 226 from were you will get some relief.

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312 votes

Dear Mam,

I have understood your query, and hereunder are the possible legal steps that can be taken:

1) IF YOUR COLLEGE IS AFFILIATED TO THE GUJARAT UNIVERSITY - In this case, you shall have to approach The Education Tribunal by filing a petition through an Advocate. If you are aggrieved with the Tribunal's order, you may approach the Hon'ble High Court by way of a Writ Petition.

2) IF OTHERWISE - In this case, you shall have to make representations to the higher authorities (in order to exhaust the primary remedies available) praying for the necessary. If you don't achieve the intended, you may then approach the Hon'ble High Court by way of a Writ petition.

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235 votes

I would like to have more details on this. This being a service matter, it would be a good idea to meet personally. I will need more information. Please contact me with he appointment letter, any other relevant documents.

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