Kerala High Court
Valsala Milk A.B vs State Of Kerala on 10 October, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
WA No.139/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
&
THE HONOURABLE MR. JUSTICE G.GIRISH
Thursday, the 10th day of October 2024 / 18th Aswina, 1946
WA NO. 139 OF 2022
AGAINST JUDGMENT DATED 14/12/2021 IN WP(C) 857/2019 OF THIS COURT
APPELLANT/PETITIONER:
VALSALA MILKA.B., AGED 63,W/O.CHANDRAMOHAN, RESIDING AT POURNAMI, TC
19/1981-1, POOJAPPURA,, THIRUMALA VILLAGE, THIRUVANANTHAPURAM TALUK,
THIRUVANANTHAPURAM DISTRICT - 695 012.
BY ADV.RAJESH P.NAIR
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN- 695 001.
AND 5 OTHERS
BY SMT.SABEENA P. ISMAIL(GOVERNMENT PLEADER)AND SHRI.ASOK M.CHERIAN(ADDL.
ADVOCATE GENERAL) FOR R1 TO R4.
SRI.S.KRISHNAMOORTHY,STANDING COUNSEL FOR UGC(B/O)
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the respondents to disburse the DCRG amount with interest to the
petitioner forthwith,till the disposal of this Writ Appeal.
This Writ Appeal again coming on for orders on 10/10/2024, upon
perusing the appeal memorandum and this court's order dated 02/07/2024,
the court on the same day passed the following:
WA No.139/2022 2/4
ANIL K. NARENDRAN, VIJU ABRAHAM & G. GIRISH, JJ.
------------------------------------------------
W.A.No.139 of 2022
---------------------------------------------
Dated this the 10th day of October, 2024
ORDER
Anil K. Narendran, J.
On 30.08.2024, the learned Standing Counsel for University
Grants Commission (UGC) has filed a statement dated 10.07.2024,
producing therewith Annexure R7(a) approval letter dated 08.03.2013
issued to the Principal, Government Law College, Cochin for the award
of Teacher Fellowship under the Faculty Development Programme - XIth
Plan period to a Teacher Fellow by name Anusree A., subject to the
condition that if the Teacher Fellow fails to complete her Ph.D/M.Phil
programme and leaves it midway, she has to refund the entire amount
paid to her by the UGC during her Teacher Fellowship. As per Annexure
R7(a), the Teacher Fellow is required to give an undertaking that she
will complete the research work within the allotted tenure/plan period,
failing which she will refund the fellowship grant, substitute teacher
salary to UGC-SWRO. The document marked as Annexure R7(b) is a
format for refund of grant-in-aid and interest, which is one issued in
respect of Government Law College, Ernakulam, where the reason for
refund is stated as non-submission of Ph.D Thesis within the stipulated
time.
2. During the course of arguments, the submission made by
the learned Standing Counsel for UGC is that the approval for the award
of Teacher Fellowship to the appellant under the Faculty Development
Programme during the IXth Plan period was based on a similar
communication issued by the UGC to the Principal of the 6th respondent
Christian College, Kattakkada, specifying the conditions for such
approval.
3. The learned counsel for the appellant would submit that the
appellant is not having the copy of the approval letter issued by UGC.
4. The learned Additional Advocate General would submit that
the 2nd respondent Director of Collegiate Education shall make an
attempt to get a copy of the approval letter issued by the UGC for the
award of Faculty Improvement Programme to the appellant, from the
6th respondent Principal of Christian College, Kattakkada.
List this appeal for further arguments, on 07.11.2024 at 4.00 p.m.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
Sd/-
G. GIRISH, JUDGE
AV/-
10-10-2024 /True Copy/ Assistant Registrar
Annexure R(7)(a) True copy of one of the sanction letters issued during
the 11th plan period to the Principal Govt Law College
Ernakulam
Annexure R(7)(b) True copy of the format if such a refund is made.
10-10-2024 /True Copy/ Assistant Registrar
