JUDGMENT : Instant writ petition has been filed by the registered association, the Tripura Institute of Technology Teachers Association, which is a registered society under the Societies Registration Act 1860, represented by its President, Sri Arjun Kumar De, although list of members of the association and its by-laws and the object with which this association has been formed its material particulars are not available on record. 2. In its emergent meeting held on 16.01.2016 (Annexure-P/2) as annexed along with the petition and agenda item no.2 in particular the alleged members of the association unanimously decided to challenge the policy decision of the Govt. relating to absorption of faculty members of erstwhile Polytechnic Institute & to file a writ petition, but the material particulars are missing which could indicate the list of members of the association and who has authorized the petitioner of filing writ petition as a president of the association for the reason that against whom the association has made a claim assailing the absorption of the faculty members are also the teachers of the very institute, namely the Tripura Institute of Technology and absorbed prior to their entry into service in the year 2008. 3. Be that as it may, belated writ petition has been filed after inordinate delay of eight years assailing the order dt.18.06.2008 (Annexure-A & Annexure-B) whereby the impleaded respondents who are the lecturers of the erstwhile Polytechnic Institute, on the policy decision of the State Govt. for up-gradation of Polytechnic Institute into Tripura Institute of Technology (TIT) to have three years Diploma and four years Degree Engineering courses commenced from the academic session 2007-2008 vide notification dt.26.02.2007, the existing lecturers of Polytechnic Institute, who fulfilled the existing conditions of eligibility prescribed by the All India Council for Technical Education(AICTE), on upgradation of the institute to Tripura Institute of Technology were appointed by absorption vide notification dt.18.06.2008, is under challenge in the instant proceedings. 4. 4. The brief facts of the case, in nutshell, which will be relevant for the present purpose, as alleged by the association are that the members of the association are the lecturers who were appointed through open selection as Lecturer, Technical (Engineering) Degree College on the recommendations of the Tripura Public Service Commission(TPSC) reveals from the select list dt.12.06.2008 (Annexure-P/10) and their complaint is that the impleaded respondents who were although appointed through the TPSC as a lecturer at a given point of time much prior to their appointment in Tripura Institute of Technology (TIT) in Polytechnic Institute to teach diploma courses and on up-gradation of Polytechnic Institute into Tripura Institute of Technology, prime two modules i.e. three years Diploma and four years Degree Engineering are being conducted vide notification dt.26.02.2007, in furtherance thereof all such lecturers on up-gradation stood absorbed vide order dt.18.06.2008, which according to the petitioner is not permissible under the law and is in contravention of the AICTE Regulations and in the absence of any mode of recruitment by absorption being permissible under the service rules, the impleaded respondents could not have been absorbed on up-gradation of Polytechnic Institute into Tripura Institute of Technology, where the recruitment/appointment could be made as per the guidelines of AICTE, only by open selection, strictly on merit, as envisaged under para 5.0 of the guidelines of AICTE placed on record(Annexure-P/6) and the absorption of the respondents on up-gradation to TIT be quashed & set aside. 5. Counsel for the petitioner further submits that these respondents who have been made a member of service of Tripura Institute of Technology by virtue of their absorption vide order dt.18.06.2008 they all have been later fixed in the higher pay scale vide order dt.08.01.2015 without finalization of seniority list of Assistant Professors and their continuous representation to the authorities to prepare a seniority list of Assistant Professor before extending the benefit of movement to higher grade has not been taken note of by the respondents and prayed that there should be a separate list of lecturers who were recruited for Diploma & Degree module as per the AICTE guidelines, but no action has been taken by the respondents on their complaint. 6. The contested respondents have filed their separate counter affidavits but their defence is almost on the common footing. 6. The contested respondents have filed their separate counter affidavits but their defence is almost on the common footing. It has been averred by the State respondents in their counter affidavit that all the impleaded respondents were appointed by open selection through the TPSC as Lecturers, at a given point of time when there was only one institute, namely the Polytechnic Institute having the diploma courses and their appointment was made strictly in accordance with the Regulation of AICTE and the academic excellence/qualification for the post of a Lecturer, Diploma/Degree prescribed by the AICTE is one and the same, and as they were all recruited through TPSC as a Lecturer, after the Government took its policy decision to upgrade the Polytechnic Institute into Tripura Institute of Technology with three years Diploma and four years Degree Engineering courses from the academic session 2007-08 vide notification dt.26.02.2007, the working lecturers being qualified to serve the up-graded institute of Tripura Institute of Technology as per AICTE regulations to serve as a Lecturer for Degree engineering as well, the Govt. considered it appropriate to absorb such eligible lecturers on up-gradation of the Polytechnic Institute into Tripura Institute of Technology under its notification dt.26.02.2007 and accordingly two separate orders were passed dt.18.06.2008 (Annexure-A & Annexure-B) to absorb such existing lecturers of the erstwhile Polytechnic Institute being the member of service by absorption of Tripura Institute of Technology(TIT). 7. The Ld. Advocate General submits that no error has been committed by the respondents in its decision making process in absorbing the existing Lecturers of Polytechnic Institute on up-gradation into Tripura Institute of Technology and being inconformity with the AICTE regulations, needs no interference by this Court. 8. The Ld. Advocate General and other contesting respondents jointly submit that the association has no locus standi to question the appointments which were made by absorption under a policy decision of the State Govt. on up-gradation of erstwhile Polytechnic Institute to Tripura Institute of Technology vide order dt.18.06.2008 and the right of the association is in no manner going to be defeated. Advocate General and other contesting respondents jointly submit that the association has no locus standi to question the appointments which were made by absorption under a policy decision of the State Govt. on up-gradation of erstwhile Polytechnic Institute to Tripura Institute of Technology vide order dt.18.06.2008 and the right of the association is in no manner going to be defeated. At the same time, counsel jointly submits that the present alleged members as claimed by the association are appointed as Lecturer of Tripura Institute of Technology(TIT) on their selection through the TPSC as per the select list dt.12.06.2008 after the impleaded respondents were absorbed under order dt.18.06.2008 and it was in the knowledge of the lecturers who were appointed subsequent to the impleaded respondents, who are claiming to be the alleged members of the association and on whose instance the present petition has been filed, no grievance was raised for almost eight years of their absorption and at such a belated stage without any justification being tendered, such stale claim is not open to be scrutinized at least invoking the inherent jurisdiction of this Court u/Art.226 of the Constitution and on this ground alone the present writ petition deserves to be dismissed. 9. Counsel jointly further submit that the qualifications for the post of Lecturer under the regulations of the AICTE which were in vogue at the relevant point of time when they were initially appointed or recruited and absorbed in TIT for Diploma Level Technical Institutions and Degree Level Technical Institutions as one and the same and all the impleaded respondents fulfilled the academic qualifications, and as regards the procedure of recruitment is concerned, since all the impleaded respondents were appointed by open selection through the TPSC with the conditions of eligibility in terms of the AICTE guidelines for Degree Level Technical(Engineering) Institutions, their appointment for all practical purposes being in inconformity with the AICTE regulations, and what being prayed for by the petitioner needs no indulgence of this Court. 10. I have heard the counsel for the parties and with their assistance perused the material available on record. 11. The indisputed facts which have come on record are that the impleaded respondents were recruited through the TPSC as a lecturer in the erstwhile Polytechnic Institute which was imparting Diploma courses at the given point of time. The Govt. 10. I have heard the counsel for the parties and with their assistance perused the material available on record. 11. The indisputed facts which have come on record are that the impleaded respondents were recruited through the TPSC as a lecturer in the erstwhile Polytechnic Institute which was imparting Diploma courses at the given point of time. The Govt. of Tripura took a policy decision to upgrade the Polytechnic Institute into Tripura Institute of Technology with both the two modules of Diploma & Degree Engineering courses from academic session 2007-08 vide notification dt.26.02.2007 on certain terms and conditions which are referred to in order, Annexure-P/3. This Court considers it appropriate to quote para 4, 5 and 6 of the notification dt.26.02.2007 which reads ad infra: “4. So far as faculty is concerned, the minimum requirement of faculty and supporting staff has been worked as per the guidelines of AICTE. These posts would be created in addition to the posts sanctioned for the Polytechnic Institute and the created posts be filled up immediately. 5. The employees of Polytechnic Institute will be under control of ‘Tripura Institute of Technology’ without changing the continuing cadre structure. The Administrative and academic matter of the newly set up Organization will be governed by the Principal, ‘Tripura Institute of Technology’ for both the module i.e. Diploma & Degree Engineering. The existing post of the Principal Polytechnic Institute, Narsingarh which would cease to exist on creation of the new post for ‘Tripura Institute of Technology’. 6. Affiliation of the ‘Tripura Institute of Technology’ for both the modules along with Women’s Polytechnic has been accordingly approved by Tripura University in the 149th meeting of the Syndicate held on 9th February, 2007. Henceforth affiliation of West Bengal State Council of Technical Education for both Polytechnic shall continue for the on going students who got admission in both the Polytechnic Institutes upto the academic session 2006-07. Students admitted from 2007-08 for Diploma as well as degree courses in ‘Tripura Institute of Technology’, Narsingarh and Women’s Polytechnic, Hapania would come under Tripura University.” 12. Henceforth affiliation of West Bengal State Council of Technical Education for both Polytechnic shall continue for the on going students who got admission in both the Polytechnic Institutes upto the academic session 2006-07. Students admitted from 2007-08 for Diploma as well as degree courses in ‘Tripura Institute of Technology’, Narsingarh and Women’s Polytechnic, Hapania would come under Tripura University.” 12. In terms of para 5 of the notification dt.26.02.2007, relating to change of the cadre structure, such lecturers who were selected through the TPSC serving as a lecturer in the erstwhile Polytechnic Institute holding the education qualification as being prescribed by the AICTE(a statutory body) for degree courses, after being screened were absorbed on the post of Lecturer, Technical(Engineering) Degree College in Tripura Institute of Technology vide order dt.18.06.2008 (Annexure-A & B) and since then the impleaded respondents are serving as Lecturer in Tripura Institute of Technology and considered for higher pay in terms of the AICTE norms/regulations. 13. It may be relevant to note the extract of the minimum qualifications and experience prescribed for teaching post for Diploma/Degree Level Technical Institutions by the AICTE at the time of their initial recruitment to the service or at the stage when they were absorbed in the year 2008 as lecturer in the TIT, relevant for the present purpose are reproduced hereunder: “Qualifications & Experience for the teaching posts in Diploma Level Technical Institutions(Engineering/Technology programme) Diploma Level: Sl. No. Cadre Qualification Experience 1 Lecturer First Class Bachelor’s degree in appropriate branch of Engineering/Technology OR First class Master’s degree in appropriate branch for teaching posts in Humanities and Sciences. No requirement Degree Level: SL. NO. CADRE QUALIFICATIONS EXPERIENCE QUALIFICATIONS & EXPERIENCE FOR CANDIDATES FROM INDUSTRY & PROFESSION 1 Lecturer First Class Bachelor’s degree in the appropriate branch of Engineering/Technology OR First Class Master’s Degree in the appropriate branch of Engineering/Technology. No minimum requirement __ 14. The qualifications for Diploma/Degree Level Technical Institutions are the same and the impleaded respondents who were later on absorbed as Lecturer in Tripura Institute of Technology on up-gradation under the policy decision of the Govt. vide notification dt.26.02.2007, indisputedly fulfilled the conditions of eligibility to work as a Lecturer of Technical(Engineering) Degree College and there appears no contravention of the statutory regulations of AICTE so far the standard of academic excellence & qualifications being prescribed under its statutory Regulations. 15. vide notification dt.26.02.2007, indisputedly fulfilled the conditions of eligibility to work as a Lecturer of Technical(Engineering) Degree College and there appears no contravention of the statutory regulations of AICTE so far the standard of academic excellence & qualifications being prescribed under its statutory Regulations. 15. It is also not disputed that the present association who is making complaint to this Court on behalf of few lecturers of Tripura Institute of Technology were selected through the TPSC as a Lecturer in Tripura Institute of Technology and their entry is subsequent to the absorption of the impleaded respondents under order dt.18.06.2008 and it was much in the knowledge of the subsequent appointees who joined as a Lecturer in Tripura Institute of Technology about the recruitment being made by absorption of the Lecturers of erstwhile Polytechnic Institute on the post of Lecturer, Technical(Engineering) Degree College in Tripura Institute of Technology under order dt.18.06.2008 in furtherance to the notification dt.26.02.2007 of which a detail reference has been made. 16. The present impleaded respondents against whom the association has made a complaint by filing the present writ petition u/Art.226 of the Constitution since appointed by absorption as a Lecturer, Technical(Engineering) Degree College in Tripura Institute of Technology vide order dt.18.06.2008 unless there is any material to the contrary if it is a body of lecturers formed an association at least it is not open for the association to question the inter se rights of the lecturers selectively through their decision by holding urgent meeting dt.16.01.2016 to assail the order passed by the respondents dt.18.06.2008 at such belated stage and this Court finds substance that the association does not have any locus to question the order dt.18.06.2008 pursuant to which the impleaded respondents were appointed by absorption as Lecturer, Technical(Engineering) Degree College in Tripura Institute of Technology. 17. 17. This Court finds further substance in the submission of the respondents about the claim being stale and deserves no indulgence of this Court exercising inherent jurisdiction u/Art.226 of the Constitution by the association for the reason that the impleaded respondents were absorbed vide order dt.18.06.2008 (Annexure-A & B respectively) and it is neither the case of the association or its members that they were not aware of the procedure being followed in absorbing the impleaded respondents as a Lecturer of Tripura Institute of Technology under order dt.18.06.2008 at the time when they entered into service or at a later given point of time and no reasonable justification has been tendered for such inordinate delay being caused in assailing the order dt.18.06.2008 which certainly confers vested right on the impleaded respondents by virtue of their absorption under order dt.18.06.2008 and in absence of any reasonable justification being tendered for such inordinate delay in the opinion of this Court the right which has been vested in favour of the impleaded respondents by virtue of their absorption who hold the minimum academic standards prescribed by the AICTE under its regulations and working as a Lecturer for a sufficient long time, certainly is going to be jeopardized if interfered by this Court and in the given facts and circumstances, delay certainly would render the claim stale and doctrine of latches/limitation will certainly apply in the instant case to reject the stale claim of the association. 18. This Court after taken note of the submissions made and going through the records of the case even on merits finds no error in the decision making process adopted by the respondents in taking the decision to absorb the Lecturers of the erstwhile Polytechnic Institute on the post of Lecturer, Technical(Engineering) Degree College in Tripura Institute of Technology on being up-graded under its policy decision dt.26.02.2007 of such of the lecturers who fulfilled the conditions of eligibility including educational qualifications as prescribed by AICTE vide its order dt.18.06.2008 and this Court finds no substance in the complaint being made by the association in questioning the appointments made by absorption of the impleaded respondents as Lecturer, Technical (Engineering) Degree College under order dt.18.06.2008 (Annexure-A & B respectively). 19. 19. The further submission of the petitioner’s counsel that the impleaded respondents have been fixed in the higher pay scale and seniority list has not been so far published by the respondents is without substance for the reason that the higher pay scale granted to the impleaded respondents is not a subject matter of challenge and as the seniority list has not been published inter se right has not been subjected as yet, there appears no reason for the petitioner to draw any adverse presumption. 20. On either ground this Court finds no substance in the petition and it deserves to be dismissed. Consequently, the petition is without substance and dismissed accordingly. No cost.