Kerala High Court
Dr. Deepa George vs Sree Sankaracharya University Of ... on 30 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
WP(C) NO. 19826 OF 2021
PETITIONER/S:
DR. DEEPA GEORGE
AGED 49 YEARS
W/O. C. K. JAMES, CHIRACKAL HOSUE, PULIYANNOOR P. O.,
PALA, KOTTAYAM - 686 573. (WORKING AS ASSISTANT PROFESSOR
IN HINDI, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
KALADY, REGIONAL CENTRE, ETTUMANOOR)
BY ADV M.S.RADHAKRISHNAN NAIR
RESPONDENT/S:
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT
REPRESENTED BY THE REGISTRAR, UNIVERSITY CAMPUS, KALADY
P. O., ERNAKULAM - 683 574.
BY ADV S.PRASANTH (AYYAPPANKAVU)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19826 OF 2021
2
JUDGMENT
The petitioner has approached this Court seeking directions to
the respondent to grant placement/promotion to the petitioner as
Lecturer (Selection Grade) as on 24.6.2008 or on 26.5.2009 on the
basis of the representation submitted by her.
2. On 26.5.1998, petitioner entered in service as Lecturer in
Hindi in the respondent University. While working as Lecturer,
acquired Ph.D on 24.6.2003. Since the petitioner acquired Ph.D
degree on 24.6.2003, entitled to be promoted as Lecturer Senior Scale
on 24.6.2003 instead of 26.5.2004. As per the UGC guidelines and
the regulations on acquisition of Ph.D, was entitled to promotion as
Lecturer Senior Scale but not with effect from 26.5.2004 as the
requirement is completion of 5 years as well as possession of
qualification. In this regard, the petitioner had submitted a detailed
representation dated 21.5.2018, Ext.P9 but that was rejected stating
that petitioner attended only one refresher course, if any promotion is
given after coming into force of 6 th UGC Scheme it should be cancelled
and such other invalid grounds, Ext.P10 dated 14.8.2018. Though the
petitioner has relied upon the relevant portion of UGC Regulation
WP(C) NO. 19826 OF 2021
2018 and had again submitted a representation on 9.9.2020 but the
same was also rejected on 8.7.2021, Ext.P12. Petitioner is entitled to
get promotion as Lecturer Senior Scale on the date of acquiring Ph.D.
Degree on 24.6.2003. The objection is also on the basis of finding of
the Local Fund Audit Department but Local Fund Audit has nothing to
do the placement/promotion of teachers. Clause 6.3 (viii) of UGC
Regulations 2018 clearly states that orientation/Refresher Courses are
not mandatory for promotion due under the Carrier Advance system
(CAS) upto 31.12.2018. Petitioner is eligible promotion as Lecturer
Selection Grade much prior to 31.12.2018 and even no opportunity of
hearing has been given.
3. Smt. Anupama Sibi on behalf of Adv. S.Prasanth appears for
the Sree Sankaracharya University of Sanskrit and supports the
impugned order by submitting that as per the Government Order
dated 21.12.1999, Grade Lecturer/Professor can select either
Refresher Course or National Seminar but the petitioner was not in
the post of Senior Scale Lecturer that benefit was not available.
4. I have heard the learned counsel for the parties and
appraised the paper book. The impugned order dated 14.8.2018,
Ext.P10 reads as under:
Sub: Promotion to the Post of Reader-Regarding
WP(C) NO. 19826 OF 2021
Ref: 1. Application submitted by you dated 21/05/2018
2.Government Letter dated 20/02/2018 with no: HEDN-
C#/183/2017 HEDN
The following matters are informed to you after examining in
detail your application dated for allowing you promotion to the
post of Reader from the date of 26/05/2007 as per as per the
reference. norms prescribed in the Regulations 2000
1. In the UGC Regulation 2010, it is prescribed to allow promotion
to those who have qualified for promotion before 31/12/2008 as
per UGC Regulation 2000. But you have participated in the
Refresher Course in 2009.
2. As per the Government Order dated 21/12/1999, Grade
Lecturer/Professor can select either Refresher Course or National
Seminar. But as you are in the post of Senior Scale Lecturer, that
benefit is not available to you.
3. The Higher Educational Department has informed that as per
Reference
(2), the UGC 6 Plan has come into effect from 18/09/2010, if the
Universities have given placements as per 5th Plan after the said
date, it shall be cancelled shall take steps to do placements as per
6 Plan.
4 Your attention is invited to the fact that your Self Appraisal
Report for Selection Grade post was considered on 30/09/2010, at
the Screening Committee meeting as per the 2000 UGC
Regulation, for promotion and was rejected on the ground that
you had participated in only one refresher course. 5.It is also
reminded to you that your Self Appraisal Report was considered
at the Placement Screening Committee meeting on 08/07/2014
also, which was rejected as it was not made in the right mode, and
advised you to submit 5 sets of PBAS for considering to the post of
Assistant Professor (Grade Pay 8000).
It is informed that on the basis of said facts and the Government
Order that only placements as per UGC 6h Plan shall be allowed,
your application for placement as per 5th Plan cannot be allowed.
But, on considering your service at the University and your other
qualifications for promotion, it is suggested that you shall submit
for consideration, 5 set PBAS in the proforma as per 2010 UGC
WP(C) NO. 19826 OF 2021
Regulation, for promotion to the post of Assistant Professor
(Grade Pay 8000).
On plain and simple perusal of the aforementioned order, it is
evident that the petitioner had raised number of points in the
representation Ext.P9 of having acquired Ph.D in 2003 and also
reliance to the UGC regulations as referred to herein above. But
there is no discussion. I am of the view that the promotion matters of
the employees cannot be decided in the manner and mode as has been
done, particularly, an opportunity of hearing ought to have been
given.
Accordingly, I set aside the impugned order and remit the
matter to the Registrar of the University to decide the case afresh, in
accordance with law, after affording an opportunity of hearing
through virtual or physical mode by taking all the points raised in the
present writ petition or the petitioner intends to submit any additional
documents. Let the exercise be undertaken within a period of 45
days from the date of receipt of a copy of this judgment.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 19826 OF 2021
APPENDIX OF WP(C) 19826/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PORTION OF UGC
REGULATION 2000 REGARDING MINIMUM
QUALIFICATION FOR APPOINTMENT AND CAREER
ADVANCEMENT OF TEACHERS IN UNIVERSITIES AND
COLLEGES.
Exhibit P2 TRUE COPY OF G.O.(P) NO.186/2002/H.EDN.
DATED 28.12.2002 ISSUED BY THE HIGHER
EDUCATION DEPARTMENT.
Exhibit P3 TRUE COPY OF THE LETTER NO.F-2-16/2002/(PS)
DATED 03.06.2010 ISSUED BY THE UNIVERSITY
GRANTS COMMISSION.
Exhibit P4 TRUE COPY OF THE ORDER NO.8925/AD.A2/CAS
IV/07/SSUS DATED 19.12.2008 ISSUED BY THE
RESPONDENT.
Exhibit P5 TRUE COPY OF THE MEMO
NO.8925(A)/AD.A2/CASIV/SSUS/2007(2) DATED
03.12.2010 ISSUED BY THE RESPONDENT.
Exhibit P6 TRUE COPY OF THE LETTER NO.1-
2/2009/EC/PS/PT.VIII DATED 07.12.2012 ISSUED
BY THE UNIVERSITY GRANTS COMMISSION.
Exhibit P7 TRUE COPY OF THE MEMO
NO.AD.A2/3387/SSUS/2013(2) DATED 8.8.2014
ISSUED BY THE RESPONDENT.
Exhibit P8 TRUE COPY OF THE PUBLIC NOTICE NO.F.NO.2-
16/2002 (PS)PT.FI.II DATED 16.10.2018 ISSUED
BY UNIVERSITY GRANTS COMMISSION.
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
21.5.2018 SUBMITTED BY THE PETITIONER TO THE
RESPONDENT.
WP(C) NO. 19826 OF 2021
Exhibit P10 TRUE COPY OF THE REPLY
NO.AD.A1/7760/SSUS/2018 DATED 14.08.2018
SENT BY THE RESPONDENT WITH ENGLISH
TRANSLATION.
Exhibit P11 TRUE COPY OF THE RELEVANT PORTION OF UGC
REGULATION 2018 DATED 18.07.2018.
Exhibit P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER DATED 9.9.2020 BEFORE THE
RESPONDENT WITH ENGLISH TRANSLATION.
Exhibit P13 TRUE COPY OF THE ORDER
NO.AD.A1/7760/SSUS/2018 DATED 8.7.2021 OF
THE RESPONDENT WITH ENGLISH TRANSLATION.
Exhibit P14 TRUE COPY OF THE OBJECTION SUBMITTED BY THE
PETITIONER DATED 15.7.2021 TO THE RESPONDENT
WITH ENGLISH TRANSLATION.
Exhibit P15 TRUE COPY OF THE JUDGMENT IN WP(C) NO.33068
OF 2019 DATED 21.08.2020 OF THIS HON'BLE
COURT.
Exhibit P16 TRUE COPY OF THAT ORDER NO.115/ACB5/2021/MGU
DATED 7.1.2021 ISSUED BY THE M. G.
UNIVERSITY WITH ENGLISH TRANSLATION.
