Dr. Tissy Mariam Thomas vs University Of Kerala
2022 Latest Caselaw 1326 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                 ST
   TUESDAY, THE 1   DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943

                    WP(C) NO. 3337 OF 2022

PETITIONER/S:

           DR. TISSY MARIAM THOMAS
           AGED 42 YEARS
           ASSISTANT PROFESSOR,
           DEPARTMENT OF PSYCHOLOGY,
           UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
           THIRUVANANTHAPURAM, PIN - 695 581.


           BY ADVS.
           V.N.HARIDAS
           LINDONS C.DAVIS
           E.U.DHANYA
           SWATHY A.P.

RESPONDENT/S:

     1     UNIVERSITY OF KERALA
           REPRESENTED BY ITS REGISTRAR,
           THIRUVANANTHAPURAM - 695 034.
     2     REGISTRAR
           UNIVERSITY OF KERALA,
           THIRUVANANTHAPURAM - 695 034.
     3     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY,
           HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM - 695 001.
     4     UNIVERSITY GRANTS COMMISSION (UGC)
           BAHADUR SHAH ZAFAR MARG,
           NEW DELHI - 110 002, REP.
           BY THE SECRETARY.


           SRI THOMAS ABRAHAM SC, SRI S KRISHNAMOORTHY CGC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 3337 OF 2022

                                              2



                                       JUDGMENT

This writ petition is filed seeking the following reliefs:-

(i) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to promote the petitioner as Associate Professor with retrospective effect by counting her previous service, along with the present service and disburse the monetary benefits pursuant to the same.

(ii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to consider Exhibit P16 representation in the light of Exhibits P13 and P15.

(iii) to issue Writ of Certiorari or any other appropriate writ, order or direction quashing Ext. P10 as unjust and illegal;

(iv) to declare that the Kerala University Regulations Relating to qualification of teachers, 1972 or any other regulations or statutes of University of kerala which is repugnant to UGC Regulation, 2018 is void.

2. Sri. Lindons C. Davis, the learned counsel appearing for the

petitioner, submits that the petitioner is qualified as per the UGC norms. It is

contended that as the State has adopted the UGC regulations, the petitioner

is entitled to get promotion with retrospective effect by counting her previous

service. The learned counsel submits that stating all these aspects, the

petitioner has preferred Ext.P16 representation before the Registrar. The WP(C) NO. 3337 OF 2022

request of the petitioner is for expeditious consideration of Ext.P16 in the light

of Exts.P11, P13, P14 and P15.

3. I have heard Sri. Thomas Abraham, the learned Standing Counsel

appearing for the University.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the 2nd respondent to take up,

consider and pass appropriate orders on Ext.P16

representation in the light of Exts.P11, P13, P14 and P15, as

per procedure and in adherence to the provisions of law,

after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or the

authorised representative of the petitioner.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of two months from the date of WP(C) NO. 3337 OF 2022

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 3337 OF 2022

APPENDIX OF WP(C) 3337/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 22/03/2017.

Exhibit P2 TRUE COPY OF THE ORDER DATED 06/09/2018 OF UNIVERSITY OF KERALA.

Exhibit P3 A COPY OF THE PAY FIXATION STATEMENT DATED 12/05/2017.

Exhibit P4 A COPY OF THE EXPERIENCE CERTIFICATE FROM MOTHER ARTS & SCIENCE COLLEGE, DATED 10/04/2003.

Exhibit P5 A COPY OF THE EXPERIENCE CERTIFICATE, DATED 09/03/2004 ISSUED FROM PRAJYOTI NIKETAN COLLEGE.

Exhibit P6 A COPY OF THE EXPERIENCE CERTIFICATE DATED 11/04/2005 ISSUED FROM NATIONAL INSTITUTE FOR THE MENTALLY HANDICAPPED.

Exhibit P7 A COPY OF THE EXPERIENCE CERTIFICATE DATED 07/05/2007 ISSUED FROM SHRI.DHARMASTHALA MANJUNATHESWARA COLLEGE.

Exhibit P8 A COPY OF THE EXPERIENCE CERTIFICATE DATED 13/02/2020 ISSUED FROM CHRIST UNIVERSITY.

Exhibit P9 A COPY OF THE LETTER DATED 07/07/2017 OF THE PETITIONER.

Exhibit P10 A COPY OF THE LETTER DATED 02/09/2017 OF THE REGISTRAR, UNIVERSITY OF KERALA.

Exhibit P11 A COPY OF RELEVANT PAGES OF UGC REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF WP(C) NO. 3337 OF 2022

TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION, 2018.

Exhibit P12 A COPY OF THE REPRESENTATION DATED 08/04/2019 OF THE PETITIONER SUBMITTED BY THE 2ND RESPONDENT.

Exhibit P13 A COPY OF THE LETTER NO.F.17-7/2013 (PS/MISC) PT.F1 DATED 27/02/2020 FROM UGC.

Exhibit P14 A COPY OF GO(P) NO.28/2019/H.EDN. DATED 29/09/2019.

Exhibit P15 A COPY OF THE UNIVERSITY OF KERALA ORDER NO.AC.F II/GENERAL/UGC-R-2018/2019 DATED 02/09/2019.

Exhibit P16 A COPY OF THE REPRESENTATION DATED 04/1/2022 SUBMITTED BY THE PETITIONER BEFORE THE UNIVERSITY REGISTRAR.