Kerala High Court
Benjamin.E.D vs The Kerala Veterinary And Animal ... on 23 June, 2025
Author: D. K. Singh
Bench: D. K. Singh
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W.P. (C) No. 14754 of 2025
2025:KER:45173
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 23RD DAY OF JUNE 2025 / 2ND ASHADHA, 1947
WP(C) NO. 14754 OF 2025
PETITIONER:
BENJAMIN E. D.,
AGED 59 YEARS, S/O. E.P. DEVASSY,
ASSISTANT PROFESSOR, DEPARTMENT OF ANIMAL
REPRODUCTION GYNECOLOGY AND OBSTETRICS, COLLEGE
OF VETERINARY AND ANIMAL SCIENCES, MANNUTHY,
THRISSUR, PIN - 680651.
BY ADVS.
SRI.K.R.GANESH
SHRI.ELVIN PETER P.J. (SR.)
SHRI.ADARSH BABU C.S.
RESPONDENTS:
1 THE KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY
REPRESENTED BY ITS REGISTRAR, POOKODE,
LAKKIDI.P.O., WAYANAD, PIN - 673576.
2 THE VICE CHANCELLOR
KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY,
POOKODE, LAKKIDI.P.O., WAYANAD, PIN - 673576.
3 THE REGISTRAR,
KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY,
POOKODE, LAKKIDI.P.O., WAYANAD, PIN - 673576.
4 ADDL. R4
THE CHANCELLOR
THE KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY, KERALA RAJ BHAVAN,
THIRUVANANTHAPURAM - 695099.
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W.P. (C) No. 14754 of 2025
2025:KER:45173
[ADDL. R4 IS IMPLEADED AS PER ORDER DATED
11/04/2025 IN I.A. 1/2025 OF WP(C) 14754/2025]
BY ADVS.
SRI. MANU GOVIND
SHRI. S. PRASANTH, SC, CHANCELLOR OF UNIVERSITIES
OF KERALA
SHRI. P. SREEKUMAR (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P. (C) No. 14754 of 2025
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D. K. SINGH, J.
--------------------------
W.P.(C) No. 14754 of 2025
-------------------------
Dated this the 23rd day of June, 2025
JUDGMENT
1. The petitioner had demitted the Office as Assistant Professor
on 31.05.2025 on attaining the age of superannuation from the
Kerala Veterinary and Animal Sciences University. The petitioner has
filed this writ petition seeking retrospective promotion under Career
Advancement Scheme of the University Grants Commission (UGC)
under the UGC Regulations, 2018.
2. The issue involved in this writ petition is covered by the
Judgment of this Court in W.P.(C) No. 19778 of 2018 dated
10.06.2025 wherein considering the mandates of the Regulation
6.3.5 of UGC Regulation, 2018 which specifically provides that the
promotion can only be granted to a person in the University/Colleges
affiliated to the Universities who is in service. Once the petitioner
has demitted the office on attaining the age of superannuation, the
said Regulation does not allow granting retrospective operation for
promotion to the petitioner. The promotion under the Career
Advancement Scheme is not an automatic promotion. Certain
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processes and procedures are involved for making promotion even
under the Career Advancement Scheme. The University must
constitute an Experts' Committee of the experts for granting
promotion even under the career advancement scheme. The experts
are invited from outside the University. The Experts' Committee
required to evaluate the academic credentials of the candidates and,
thereafter, interview the candidates and then makes the
recommendations and thereafter, the senate/executive committee
of the University is required to approve the decision of the Experts'
Committee. Therefore, when such a process cannot be undertaken
in respect of the person who has already demitted the Office, the
UGC itself has provided in Regulation 6.3.5 of the UGC Regulations,
2018 that promotion cannot be granted to a person who is not in
service. Therefore, I do not find that the petitioner has a claim for
retrospective promotion after he has demitted the Office.
2. The learned Counsel for the petitioner has emphasized on
Regulation 6.3.1 of the UGC Regulations, 2018. The said regulation
is only with regard to taking timely steps by the University for
effecting the promotions under the Career Advancement Scheme but,
that regulation will not override the regulation 6.3.5. The regulation
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6.3.1 of the UGC Regulations, 2018 does not have any non-obstante
clause to override the provisions of 6.3.5 of the UGC Regulations,
2018 and, therefore, I do not find any substance in the submission
advanced by the learned Counsel for the petitioner. As the issue is
already covered, this writ petition also fails and the same is hereby
dismissed.
Sd/-
D. K. SINGH
JUDGE
Svn
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APPENDIX OF WP(C) 14754/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER NO. KVASU/GA/A1/3880/2015
DATED 19.12.2017 PROMOTING THE PETITIONER UNDER
THE CAREER ADVANCEMENT SCHEME FROM STAGE-1 TO
STAGE-2 IN THE CATEGORY OF ASSISTANT PROFESSOR.
EXHIBIT P2 TRUE COPY OF THE ORDER NO. KVASU/GA/A1/3880/2015
DATED 02.11.2019 OF THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.
KVASU/GA/A1/10937/2020 DATED 08.04.2022 ISSUED
BY THE 3RD RESPONDENT GIVING FURTHER PROMOTION
IN THE CATEGORY OF ASSISTANT PROFESSOR UNDER THE
CAREER ADVANCEMENT SCHEME FROM STAGE 2 TO STAGE
3 WITH EFFECT FROM 22.04.2020.
EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO. F.9-
20/2023(PS/MISC.) DATED 02.05.2024 ISSUED BY THE
UNIVERSITY GRANTS COMMISSION.
EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 25.10.2024
SUBMITTED BY THE PETITIONER WITHOUT THE
SUPPORTING DOCUMENTS SEEKING PROMOTION UNDER
CAREER ADVANCEMENT SCHEME FROM LEVEL 12 TO LEVEL
13A.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
02.04.2025.
EXHIBIT P7 TRUE COPY OF THE DISCHARGE CERTIFICATE ISSUED
BY DR. AJU MATHEW, CONSULTANT ONCOLOGIST IN THE
ERNAKULAM MEDICAL CENTRE, DEPARTMENT OF ONCOLOGY
DATED 01.04.2025.
