Kerala High Court
Dr. Tony Grace vs The Central University Of Kerala on 7 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
WP(C) NO. 8011 OF 2018
PETITIONER/S:
1 DR. TONY GRACE
ASSISTANT PROFESSOR, DEPARTMENT OF GENOMIC SCIENCE,
CENTRAL UNIVERSITY OF KERALA, KASARAGOD-671314.
2 DR. V.B SAMEER KUMAR
ASSISTANT PROFESSOR, DEPRTMENT OF BIOCHEMISTRY &
MOLECULAR BIOLOGY, CENTRAL UNIVERSITY OF KERALA,
KASARAGOD-671314.
3 DR. JASMINE M SHAH
ASSISTANT PROFESSOR, DEPARTMENT OF PLANT SCIENCE,
CENTRAL UNIVERSITY OF KERALA, KASARAGOD-671314.
4 DR. GINNY ANTONY
ASSISTANT PROFESSOR, DEPARTMENT OF PLANT SCIENCE,
CENTRAL UNIVERSITY OF KERALA, KASARAGOD-671314.
5 DR. P.M ANEESH
ASSISTANT PROFESSOR, DEPARTMENT OF PHYSICS,
CENTRAL UNIVERSITY OF KERALA, KASARAGOD-671314.
6 DR. RISHIRAM RAMANAN
ASSISTANT PROFESSOR, DEPARTMENT OF ENVIRONMENTAL
SCIENCES, CENTRAL UNIVERSITY OF KERALA,
KASARAGOD-671314.
BY ADVS.
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
RESPONDENT/S:
1 THE CENTRAL UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR,
THEJASWINI HILLS,PERYE (PO), KASARAGOD-671316.
2 THE REGISTRAR
W.P.C. No.8011 of 2018 2
CENTRAL UNIVERSITY OF KERALA, PERYE PO,
KASARAGOD. 671316.
BY ADVS.
K.RAMAKUMAR (SR.)
T.RAMPRASAD UNNI, SC, CENTRAL UNIVERSITY OF KERALA
S.M.PRASANTH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C. No.8011 of 2018 3
EASWARAN S. , J.
-------------------------
W.P.(C) No.8011 of 2018
-----------------------------------
Dated this the 7th day of June 2024
JUDGMENT
The petitioners herein are the Assistant Professors working
under the Central University of Kerala, Kasaragod. The grievance
raised in this writ petition is with regard to the denial to count the
petitioners research experience for the purpose of promotion under
the Career Advancement Scheme as Professors in terms of
Regulation 10 of the University Grant Commission Regulations. A
copy of which is produced as Ext.P18.
2. The petitioners contend that though they have obtained
sufficient qualifications and also possess the requisite services as
provided under the UGC Regulations, unnecessary restrictions have
been placed by the Central University which deters them from
making applications for consideration of their claim under the Career
Advancement Scheme. The relevant Clause under Ext.P18 is
extracted herein as under:
10. Counting of Past Services for Direct
Recruitment And Promotion under CAS
10.1. Previous regular service, whether national or
international, as Assistant Professor, Associate Professor or
Professor or equivalent in a University, College, National
Laboratories or other scientific/professional Organizations
such as the CSIR, ICAR, DRDO, UGC, ICSSR, ICHR, ICMR,
DBT, etc., should be counted for direct recruitment and
promotion under CAS of a teacher as Assistant Professor,
Associate Professor, Professor or any other nomenclature
these posts are described as per Appendix III Table No. II
provided that:
(a) The essential qualifications of the post held were not
lower than the qualifications prescribed by the UGC for
Assistant Professor, Associate Professor and Professor as the
case may be.
(b) The post is/was in an equivalent grade or of the pre-
revised scale of pay as the post of Assistant Professor
(Lecturer) Associate Professor (Reader) and Professor
(C) The candidate for direct recruitment has applied through
proper channel only.
(d) The concerned Assistant Professor, Associate Professor
and Professor should possess the same minimum
qualifications as prescribed by the UGC for appointment to
the post of Assistant Professor, Associate Professor and
Professor, as the case may be.
(e) The post was filled in accordance with the prescribed
selection procedure as laid down in the Regulations of
University/State Government/Central Government/
Concerned Institutions, for such appointments.
(f) The previous appointment was not as guest lecturer for
any duration, or an ad hoc or in a leave vacancy of less than
one year duration Ad hoc or temporary service of more than
one year duration can be counted provided that:
(i) the period of service was of more than one year duration.
(ii) the incumbent was appointed on the recommendation of
duly constituted Selection Committee; and
(iii) the incumbent was selected to the permanent post in
continuation to the ad hoc or temporary service, without any
break
(g) No distinction should be made with reference to the
nature of management of the institution where previous
service was rendered (private/local body/Government), was
considered for counting past services under this clause.
3. Thus, during the year 2017, in a meeting of the Academic
Council of the Central University held on 23.8.2017, a doubt was
raised by the members of the Academic Council as to whether, for
the purpose of the Career Advancement Scheme for Promotions, the
post doctoral service could be taken into consideration. To the
specific query raised in the said meeting, the Vice Chancellor
clarified that, as per Clause 10(i) of the U.G.C. Regulations, 2010,
the regular service in the scale of pay is required for counting for
proportion to the next higher stage. Similarly, the Deans' Committee
meeting held on 18.7.2017 has also expressed their views favoring
Post Doctoral Fellowship (PDF) experience only for direct
recruitment. Finally, it was decided to seek clarification from the
University Grant Commission regarding the application of Clause
10.1. Thus, the petitioners apprehended that even if they had
applied for promotion under the Career Advancement Scheme, in
view of the clarification sought under Ext.P20, the University may
not consider the claim and it is in the said circumstances,
challenging the restrictions imposed under Ext.P20, the petitioners
have approached this Court seeking the following reliefs:
(I) To issue a writ of certiorari or any other appropriate
writ, order or direction, calling for the records leading to
Ext. P-20 and quash the same;
(ii) To issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
respondents to count the international research
experience of petitioners 1,2,4 and 6 and the research
experience of petitioners 3 and 5 at the national level
within India for the purpose of placement under the
Career Advancement Scheme as Professors and grant to
the petitioners all consequential benefits including
arrears of salary:
(iii) To declare that the petitioners are entitled to count
their research experience which they have to their credit
at international and national level for placement under
the Career Advancement Scheme; And
4. A counter affidavit has been filed on behalf of the
respondents. In paragraph No.8 of the counter affidavit, it is stated
as follows:
8. It is not clarified so far. It is further submitted that
the Petitioners Post-Doctoral Fellowship experiences cannot
be counted for CAS promotion because they don't have
any pay band or grade pay in their previous
institutions. All such experiences are having only
consolidated payment or weekly payments. As per clause
10.1 of the UGC Regulations 2010 regular service in a pay
scale is required for counting for promotions to next higher
stage. An Assistant Professor having Ph.D., after serving 15
years will be eligible to be placed as Professor under CAS if
they fulfill other conditions as per UGC regulations and
having sufficient API score. Here none of the petitioners are
having the requisite experience of 15 years.
5. I have heard Sri. K.R. Ganesh, the learned counsel
appearing for the petitioners and Sri. S.M. Prasanth, the learned
Standing Counsel appearing for the respondent University.
6. When the rival submissions raised across the bar are
considered, this Court necessarily has to find in favour of the
petitioners especially when Ext.P18, U.G.C. Regulations are binding
upon the respondent University. It is pertinent to note that the said
regulations were framed in exercise of the powers under Clause (e)
and (g) of subsection 1 of Section 26 of the University Grants
Commission Act, 1956 and was issued on 28.6.2010. Therefore,
certainly the said regulation assumes statutory character. Moreover,
since the respondent University is also affiliated with the University
Grants Commission, necessarily, these regulations are binding upon
them. However, the 1st respondent entertain a doubt with regard to
the applicability of these Regulations and therefore, in Ext.P20, a
clarification was sought for before the University Grants Commission
with regard to applicability of Clause 10(i). The same stand is
reflected in the counter affidavit filed on behalf of the respondents.
7. When the rival submissions across the Bar are considered,
this Court certainly finds that the regulations framed by the
University Grants Commission in so far as the respondent University
is concerned is binding and the same has to be necessarily followed
unless and until the same is appropriately clarified or qualified by
the University Grants Commission. In the present scenario,
certainly, the apprehension of the petitioners are justified that in the
light of Ext.P20, their claim for promotions under the Career
Advancement Scheme will not be considered favorably by the
respondent University.
8. On the other hand Sri. S.M. Prasanth, the learned counsel
appearing for the respondents further submits that the petitioners
never applied for promotion under the Carrier Advancement
Scheme. Certainly, this is a matter which should weigh the minds of
the 1st respondent. Without an application given by the petitioners,
the 1st respondent cannot be found fault with having not taken up
the case of the petitioners for promotion under the Carrier
Advancement Scheme.
9. In view of the above the writ petition is disposed of with
the following directions:
1. It is declared that the restrictions which is now placed
under Ext.P20 cannot be made applicable to the case
of the petitioners for promotion under the Career
Advancement Scheme.
2. The petitioners are at liberty to apply for promotion
under the Career Advancement Scheme for promotion.
3. If such application is filed within a period of three
weeks from the date of receipt of the copy of the
judgment, the University shall process the same de-
horse what is stated under Ext.P20 and strictly in
terms of Clause 10(i) of the U.G.C. Regulations within
a period of two months from today.
4. If the petitioners have already made such
applications, the same shall also be taken up for
consideration under the Career Advancement Scheme
for promotion without applying the restriction made
under Ext.P20.
5. On assessment, if the eligibility of the petitioners for
promotion under the Career Advancement Scheme, is
found by the 1st respondent, then, necessarily, the
consequential benefits flowing out of such grant shall
be released to them within a period of one month.
6. Liberty is also reserved for the University to revisit
such grant of promotions under the Career
Advancement Scheme if the petitioners are found to
be entitled to, if, in the meantime, they are
successful in obtaining any clarification of the U.G.C.
stating that the Post Doctoral Fellowship cannot be
considered for promotion under the Career
Advancement Scheme.
Sd/-
EASWARAN S.
JUDGE
NS
APPENDIX OF WP(C) 8011/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PH.D DEGREE CERTIFICATE
OF THE 1ST PETITIONER AWARDED BY THE
INDIAN AGRICULTURAL RESEARCH INSTITUTE NEW
DELHI.
EXHIBIT P2 TRUE COPY OF THE PH.D DEGREE CERTIFICATE
OF THE 1ST PETITIONER AWARDED BY THE
KANASAS STTE UNIVERSITY , USA.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 2.1.2012
ISSUED TO THE 1ST PETITIONER BY THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE M.SC DEGREE CERTIFICATE
OF THE 2ND PETITIONER AWARDED BY THE
UNIVERSITY OF KERALA.
EXHIBIT P5 TRUE COPY OF THE M.PHIL DEGREE CERTIFICATE
OF THE 2ND PETITIONER AWARDED BY THE
UNIVERSITY OF KERALA.
EXHIBIT P6 TRUE COPY OF THE PH.D DEGREE CERTIFICATE
OF THE 2ND PETITIONER AWARDED BY THE
UNIVERSITY OF KERALA.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 12.12.2011
ISSUED BY THE 1ST RESPONDENT TO THE 2ND
PETITIONER.
EXHIBIT P8 TRUE COPY OF THE PH.D DEGREE CERTIFICATE
OF THE 3RD PETITIONER AWARDED BY THE
MADURAI KAMARAJ UNIVERSITY.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 25.9.2013
ISSUED BY THE 1ST RESPONDENT TO THE 3RD
PETITIONER.
EXHIBIT P10 TRUE COPY OF THE PH.D CERTIFICATE OF THE
4TH PETITIONER AWARDED BY THE KANSAS STATE
UNIVERSITY, USA.
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 9.10.2013
ISSUED BY THE 1ST RESPONDENT TO THE 4TH
PETITIONER.
EXHIBIT P12 TRUE COPY OF THE M.SC DEGREE CERTIFICATE
OF THE 5TH PETITIONER AWARDED BY THE
COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY.
EXHIBIT P13 TRUE COPY OF THE PH.D DEGREE CERTIFICATE
OF THE 5TH PETITIONER AWARDED BY THE
COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY.
EXHIBIT P14 TRUE COPY OF THE ORDER DATED 7.1.2014
ISSUED BY THE 1ST RESPONDENT TO THE 5TH
PETITIONER.
EXHIBIT P15 TRUE COPY OF THE M.SC DEGREE CERTIFICATE
OF THE 6TH PETITIONER AWARDED BY THE
BHARATHIAR UNIVERSITY.
EXHIBIT P16 TRUE COPY OF THE PH.D DEGREE CERTIFICATE
OF THE 6TH PETITIONER AWARDED BY THE
RASTRASANT TUKADOJI MAHARAJ NAGPUR
UNIVERSITY.
EXHIBIT P17 TRUE COPY OF THE ORDER DATED 30.8.2016
ISSUED BY THE 1ST RESPONDENT TO THE 6TH
PETITIONER.
EXHIBIT P18 TRUE COPY OF THE RELEVANT EXTRACT OF THE
NOTIFICATION DATED 28.6.2016 ISSUED BY THE
UGC.
EXHIBIT P19 TRUE COPY OF THE PROFILES OF THE TEACHING
FACULTIES DOWNLOADED FROM THE WEBSITE OF
THE 1ST RESPONDENT
EXHIBIT P20 TRUE COPY OF THE RELEVANT EXTRACT OF THE
MINUTES OF THE 2ND MEETING OF THE 3RD
ACADEMIC COUNCIL OF THE CENTRAL
UNIVERSITY.
EXHIBIT P21 TRUE COPY OF THE ACADEMIC ORDINANCES OF
THE JAWAHARLAL NEHRU UNIVERSITY, NEW
DELHI.
EXHIBIT P22 TRUE COPY OF THE ORDER DATED 11.11.2005
ISSUED BY THE KANNUR UNIVERSITY TO DR. K.
SUREKHA.
EXHIBIT P23 TRUE COPY OF THE CIRCULAR DATED 16.9.2014
ISSUED BY THE PONDICHERRY UNIVERSITY.
