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Shiby M. Thomas vs University Of Calicut
2025 Latest Caselaw 11991 Ker

Citation : 2025 Latest Caselaw 11991 Ker
Judgement Date : 5 December, 2025

[Cites 1, Cited by 0]

Kerala High Court

Shiby M. Thomas vs University Of Calicut on 5 December, 2025

Author: N.Nagaresh
Bench: N.Nagaresh
                                               2025:KER:94412

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 5TH DAY OF DECEMBER 2025/14TH AGRAHAYANA, 1947

                    WP(C) NO. 38955 OF 2025

PETITIONER:

         SHIBY M. THOMAS,
         AGED 53 YEARS,
         S/O. THOMAS, 53/376,
         MADAPPILLIKUNNEL, B.G.ROAD,
         WEST HILL P.O.,
         KOZHIKODE, PIN - 673005

         BY ADVS.
         SRI.C.K.SREEJITH
         SRI.BABU THOMAS(PERUMATTIKUNNEL)


RESPONDENTS:

    1    UNIVERSITY OF CALICUT,
         OFFICE OF THEVICE-CHANCELLOR,
         CALICUT UNIVERSITY P.O.,
         MALAPPURAM,
         REPRESENTED BY ITS VICE-CHANCELLOR,
         PIN - 673635

    2    CALICUT UNIVERSITY SYNDICATE,
         REPRESENTED BY VICE CHANCELLOR
         CALICUT UNIVERSITY P.O.,
         MALAPPURAM, PIN - 673635

         BY ADV.
         SRI.P.C.SASIDHARAN, SC

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 05.12.2025,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
                                                      2025:KER:94412
W.P.(C) No.38955/2025
                                    :2:




                              JUDGMENT

Dated this the 5th day of December, 2025

The petitioner is working as an Associate Professor in

the Department of Economics at St. Joseph's College

(Autonomous), Devagiri, Kozhikode. The petitioner has been

recommended by the Selection Committee for promotion to the

post of Professor on 22.03.2025 with retrospective effect from

01.12.2024.

2. The petitioner submitted that as per the

Minutes, the Selection Committee forwarded the

recommendation for the post of Professor to the University of

Calicut on 07.04.2025 under file No.Esst/TS/(SMT)/275/2025.

The proposal was subsequently placed before the Standing

Committee of the Syndicate for the approval on 22.09.2025 2025:KER:94412

under file No.85628/GA-II-SPECIAL-CELL-II-ASST-2/2025/

Admn(I). But, the Standing Committee deferred the petitioner's

proposal without citing any specific reasons. The selection

process was conducted by a panel of experts in the subject who

meticulously verified and assessed the petitioner's research

publications and all relevant documents.

3. The Selection Committee's recommendation

was strictly in accordance with the UGC Regulations, 2018 and

the subsequent University Order U.O.No.1335/2022/Admn.

dated 18.01.2022. In Ext.P2, the University has issued

guidelines for the placement / promotion to the post of

Professor. The petitioner's proposal for the post of Professor

was conclusively addressed and clarified by the learned Director

of Internal Quality Assurance, University of Calicut (IQAC)

whose official opinion affirmed the observation of the

recommendation of the Selection Committee holding merit for

promotion of the petitioner. The continued and indefinite deferral 2025:KER:94412

of the petitioner's proposal for the post of Professor is causing

professional prejudice and directly hinders the fundamental right

to apply for higher academic or administrative posts that require

a professorship qualification. Almost 6 months have elapsed

since the submission of the proposal to the University.

4. The last Syndicate Standing Committee

meeting held on 22.09.2025 has considered the issue and the

same was deferred indefinitely without any reason whereas the

claim of other applicants were approved. After deferring the

request by the Standing Committee of Syndicate, the petitioner

has submitted a request before the Vice Chancellor highlighting

his grievances and seeking to take a decision in a time bound

manner. The petitioner is highly aggrieved by the inordinate

delay.

5. I have heard the learned counsel for the

petitioner and the learned Standing Counsel representing the

respondents.

2025:KER:94412

6. Standing Counsel representing the

respondents submitted that regarding submission of papers on

the journals, there were some difficulties and now a decision

has been taken based on which the papers of the petitioner can

be considered for the purpose of promotion.

7. The facts being so, I am of the view that the

writ petition can be disposed of with appropriate direction.

The writ petition is therefore disposed of directing the

2nd respondent to consider the case of the petitioner and take

appropriate decision thereon within a period of one month.

Sd/-

N. NAGARESH JUDGE SR 2025:KER:94412

APPENDIX OF WP(C) NO. 38955 OF 2025

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE MINUTES DT.

                        22/3/2025    RECOMMENDING       HIM     THE
                        PROMOTION TO THE POST OF PROFESSOR
                        LEVEL 14 (AGP) 10000, AS PER THE UGC
                        REGULATION, 2018.
Exhibit P2              THE TRUE COPY OF THE RELEVANT PAGE OF

UGC REGULATION IN THE SUBJECT MATTER. Exhibit P3 THE TRUE COPY OF RELEVANT PAGE OF NOTIFICATION DT. 18/7/2018 ISSUED BYTHE UNIVERSITY GOVERNING PROMOTION FROM THE POST OF ASSOCIATE PROFESSOR TO PROFESSOR Exhibit P4 THE TRUE COPY OF THE IQAC RECOMMENDATION (INTERNAL QUALITY ASSURANCE, UNIVERSITY OF CALICUT) NO.85628/GA-II-SPECIAL-CELL-II-ASST- 2/2025/ADMN(1) AND NOTE TO THE STANDING COMMITTEE DT. 20/9/2025.

Exhibit P5 THE TRUE COPY OF THE MINUTES OF THE MEETING OF THE STANDING COMMITTEE DT. 22/9/2025.

Exhibit P6 THE TRUE COPY OF THE LETTER DT.

30/9/2025 THROUGH EMAIL.

 
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