Kerala High Court
Annie Antony vs University Of Calicut on 15 July, 2025
2025:KER:52474
W.P.(C).No.22061 of 2015
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 22061 OF 2015
PETITIONER:
ANNIE ANTONY
LECTURER (SENIOR SCALE), DEPARTMENT OF COMMERCE,
PROVIDENCE WOMENS' COLLEGE, MALAPARAMBA,
KOZHIKODE 673 009.
BY ADVS.
SRI.K.T.SHYAMKUMAR
SHRI.HARISH R. MENON
RESPONDENTS:
1 UNIVERSITY OF CALICUT
THENJIPALAM, MALAPPURAM DISTRICT,
PIN- 673 635, REPRESENTED BY ITS REGISTRAR.
2 THE VICE CHANCELLOR,
UNIVERSITY OF CALICUT,
THENJIPALAM, MALAPPURAM DISTRICT, 673 635.
3 THE PRINCIPAL,
PROVIDENCE WOMENS' COLLEGE,
KOZHIKODE -673002.
BY ADVS.
SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
SRI.V.T.MADHAVANUNNI
SRI.V.A.SATHEESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C).No.22061 of 2015
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S.MANU, J.
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W.P.(C).No.22061 of 2015
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Dated this the 15th day of July, 2025
JUDGMENT
Petitioner was appointed as a Lecturer in Providence
Women's College, Kozhikode on 15.7.1986. She was transferred
and posted as Higher Secondary School Teacher in a school
under the same management consequent to de-linking of pre
degree courses. She joined the school on 21.10.1998. Later, a
permanent vacancy of Lecturer arose in the college. Petitioner
was relieved from the school on 31.7.2007 and was appointed
as Lecturer in the college on 1.8.2007. Her re-appointment was
approved by the respondent University on 1.1.2008 and
probation in the post of Lecturer was declared on 1.8.2008. She
was placed in the senior scale on 1.8.2008 considering her past
service.
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2. According to the petitioner, she completed 12 years
and 10 months service on 8.9.2009 and therefore she was
entitled to be placed in the selection grade scale of Lecturers
with effect from 8.9.2009. For the reason that service of less
than one year was entitled to be counted, she claimed for
promotion as Lecturer Selection Grade with effect from
8.9.2009. Her claim was rejected by the University on
25.11.2009 stating that she had not completed 5 years of
service as Lecturer Senior Scale. A revised proposal for
promoting the petitioner with effect from 1.8.2013, on
completion of 5 years as Lecturer Senior Scale was submitted
later. The said proposal was also rejected by the University on
25.3.2014 in view of amendment dated 26.2.2014 to the
University Regulations. Ext.P2 communication was issued by
the University to the Principal of College requesting to conduct
screening and selection procedure as provided under the
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amended Regulations. Petitioner submitted a representation to
the 1st respondent on 18.12.2014. University, by Ext.P4 letter
dated 7.4.2015, turned down the request and reiterated that
screening and selection procedure must be conducted before
submitting proposal.
3. Contention of the petitioner is that the request for
placement as Lecturer Selection Grade was rejected relying on
an amendment which was brought into force on 26.2.2014 after
the petitioner completed 5 years as Lecturer Senior Scale. As
per clause 7(11) of the amended Regulation any candidate who
becomes eligible for promotion under the career advancement
scheme on or after 31.12.2008 shall be governed by the
amendments brought into force in 2014. Petitioner contends
that the retrospective effect given to the amendments took
away the vested right of the petitioner to get promotion on
completion of 5 years as Lecturer Senior Scale which accrued
prior to the introduction of the amendment in 2014. Hence, the
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petitioner prays for quashing Exts.P1, P2 and P4
communications of the University by which proposals for
approval to place the petitioner in Lecturer Selection Grade were
rejected. She further seeks a declaration that the retrospective
effect given to the amended provision was invalid as it violated
the vested right of the petitioner. She also seeks direction to
the respondents to grant promotion as Lecturer Selection Grade
with effect from 8.9.2009 or in the alternative from 1.8.2013.
4. The University filed counter affidavit. It has been
stated in the counter affidavit that, as per G.O.(P)
No.59/2004/H.Edn dated 07.06.2004, Government of Kerala has
issued an order that the Lecturers who got promotion/
placement as Lecturer (Senior Scale) after completion of 8 years
of service are eligible for promotion as Lecturer (Selection
Grade) on completion of a total 11 years of service. i.e., without
completing 5 years as Lecturer (Senior Scale). Based on this
Government Order, a letter vide Letter No. GA II/Spl.
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Cell/2/3737/09 dated 25.11.2009 had been forwarded to the
Principal, Providence Women's College, Calicut stating that the
petitioner (Smt. Annie Antony) was granted placement in senior
scale with effect from 01-08-2008 on completion of 7 years
service and she had to complete 5 years in Lecturer Senior
Scale to enjoy Lecturer Selection Grade placement. Further, the
University contended that as per Notification No.3696/GA-I-
F1/2013/CU dated 26.02.2014, the University has notified the
Amendments to the amended Regulations of 2002 and 2009 of
the Regulation of 1977 (Chapter IV) relating to the qualification,
placement and promotion of University and College Teachers. As
per Clause No. 7 (11) of the Amended Regulations, in the event,
any candidate becomes eligible for promotion under Career
Advancement Scheme in terms of these Regulations on or after
31st December 2008, the promotion of such a candidate shall be
governed by the provisions of these Regulations.
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5. Retrospective effect given to clause 7(11) of the
amended Regulation, notified on 26.02.2014, affected the
prospects of the petitioner as it provided that in case any
candidate becomes eligible for promotion under Career
Advancement Scheme on or after 31.12.2008, the promotion of
such a candidate shall be governed by the provisions of the
amended Regulation. Screening and verification process thus
became necessary for considering the candidates for promotion.
Case of the petitioner is that the right accrued on her for getting
promoted as Lecturer (Selection Grade) was taken away by the
amendment and hence the same is liable to be declared as
illegal. It cannot be said that the petitioner had any vested right
for getting promoted. It is true that de hors the amendment the
petitioner had a right to get considered for promotion as
Lecturer (Selection Grade). In fact the amendment did not
totally forestall the prospects of promotion, but it introduced a
criteria and requirements. In my view the amendment is not
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liable to be declared as illegal as it did not lead to deprivation of
the right of the petitioner to get considered for promotion as
such. Viewed from such a perspective, contentions of the
petitioner cannot be accepted.
In the result, the writ petition is dismissed.
Sd/-
S.MANU
JUDGE
skj
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APPENDIX OF WP(C) 22061/2015
PETITIONER'S EXHIBITS
EXHIBIT P1 COPY OF THE ORDER DATED 25.11.09 ISSUED BY THE
UNIVERSITY.
EXHIBIT P2 COPY OF THE ORDER DATED 25.3.14 ISSUED BY THE
UNIVERSITY.
EXHIBIT P3 COPY OF THE REPRESENTATION DATED 18.12.14
SUBMITTED BY THE PETITIONER BEFORE THE IST
RESPONDENT.
EXHIBIT P4 COPY OF THE LETTER DATED 7.4.15 ISSUED BY THE
UNIVERSITY.
EXHIBIT P5 COPY OF THE AMENDMENTS TO THE CALICUT
UNIVERSITY REGULATIONS OF 1977 AS PER
NOTIFICATION DATED 5.7.02 WHICH WAS PUBLISHED
IN THE OFFICIAL GAZETTE DATED 13.8.02.
EXHIBIT P6 COPY OF THE NOTIFICATION DATED 5.2.09 WHICH WAS
PUBLISHED IN THE OFFICIAL GAZETTE DATED
10.3.09.
EXHIBIT P7 COPY OF THE AMENDMENT TO THE REGULATION BROUGHT
IN BY NOTIFICATION DATED 26.2.14.
EXHIBIT P8 COPY OF THE MINIMUM ACADEMIC PERFORMANCE AND
SERVICE REQUIREMENTS FOR PROMOTION OF TEACHERS
IN UNIVERSITIES AND COLLEGES PROVIDED IN
APPENDIX III.
EXHIBIT P9 COPY OF THE CERTIFICATE DATED 18.2.03 ISSUED BY
THE 3RD RESPONDENT.
