Dr. Manu vs Sree Sankaracharya University Of ...
2025 Latest Caselaw 193 Ker

Kerala High Court

Dr. Manu vs Sree Sankaracharya University Of ... on 13 May, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2025:KER:32675


        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

 TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947

                WP(C) NO. 24652 OF 2024

PETITIONER:

         DR. MANU
         AGED 60 YEARS
         NOW SERVING AS PROFESSOR AND HEAD OF
         DEPARTMENT,
         HINDI CENTRAL UNIVERSITY OF KERALA, PERIYA,
         KASARGODE, PIN - 671320


         BY ADVS.
         SRI.V.GANGADHARAN
         SRI.JOSHI N.THOMAS




RESPONDENTS:

    1    SREE SANKARACHARYA UNIVERSITY OF SANSKRIT
         P.O. KALADY, ERNAKULAM DISTRICT,
         REPRESENTED BY ITS REGISTRAR,
         PIN - 683574

    2    THE VICE CHANCELLOR
         SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
         P.O. KALADY, ERNAKULAM DISTRICT,
         PIN - 683574

    3    THE DIRECTOR
         REGIONAL CENTRE,
         SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
         PAYYANNOOR, KANNUR, PIN - 670307
                                              2025:KER:32675
WP(C) NO.24652 of 2024

                             2


    4     THE CENTRAL UNIVERSITY OF KERALA
          THEJASNI HILLS, PERIYA.P.O.,
          KASARAGODE
          REPRESENTED BY ITS REGISTRAR,
          PIN - 673132

    5     STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL SECONDARY HIGHER
          EDUCATION SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    6     UNIVERSITY GRANTS COMMISSION
          BAHARDARSHAH ZAFAR MARG, NEW DELHI,
          REPRESENTED BY ITS SECRETARY, PIN - 110002


          BY ADVS.
          SRI.DINESH MATHEW J MURIKAN,R1,R2
          SRI.RAMPRASAD UNNI T
          SRI.S. KRISHNAMOORTHY S,STANDING COUNSEL,R6
          SRI.RAJESH. K.RAJU
          SRI.K.RAMKUMAR (SR.),R4
          SRI.TONY AUGUSTINE, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.02.2025 AND THE COURT ON 13.05.2025 DELIVERED THE
FOLLOWING:
                                                  2025:KER:32675
WP(C) NO.24652 of 2024

                               3



                         JUDGMENT

Dated this the 13th day of May, 2025

The petitioner, who is working as Professor and

Head of the Department (Hindi), Central University of Kerala,

Kasaragod, seeks to set aside Exts.P2, P4 and P12 and to

direct respondents 1 and 2 to modify Ext.P7 order by giving

placement to the petitioner as Professor with effect from

01.06.2009.

2. The petitioner states that prior to the year 1999, the

petitioner had ten years and six months of service in the

Mahatma Gandhi University. The petitioner joined the

1st respondent-Sree Sankaracharya University of Sanskrit on

14.07.1999. On 01.11.2022, the petitioner joined the

4th respondent-Central University of Kerala.

3. The petitioner requested the 1st respondent-

University to count his past service for service benefits.

2025:KER:32675 WP(C) NO.24652 of 2024

Considering his past service, the 1st respondent found that the

petitioner is eligible to the post of Selection Grade Lecturer

with effect from 22.12.2000. The petitioner was placed as

Selection Grade Lecturer with effect from 14.07.2000

granting notional selection post with effect from 22.12.1999.

The petitioner was informed that he cannot be placed as

Professor as he has not secured requisite score. The

petitioner was, however, placed as Associate Professor with

effect from 01.01.2006. Later, the petitioner was placed as

Professor with effect from 12.11.2017.

4. The petitioner submitted Ext.P11 representation to

the 2nd respondent requesting to treat his application dated

12.11.2017 for placement as Professor as per the 5th UGC

Scheme and to revise the placement as Professor with effect

from 23.12.2007. The application was rejected as per

Ext.P12 communication. The petitioner submitted a fresh 2025:KER:32675 WP(C) NO.24652 of 2024

representation to the 2nd respondent as per Ext.P13. The

respondents have not passed any favourable orders.

5. The counsel for the petitioner submitted that the

petitioner applied for counting his past service as provided in

Clause 7.1 of Government Order dated 21.12.1999. The

application was considered by the University after a lapse of

more than 10 years. Thereafter, the salary fixation order was

issued on 12.01.2012. The petitioner was granted notional

Selection Grade post with effect from 22.12.1999. The

petitioner's further career advancement should be considered

from 22.12.1999. The petitioner was not granted Selection

Grade.

6. Government Order dated 27.03.2010 adopted the

5th UGC Scheme including revision of pay scale. The adoption

took place with effect from 01.01.2006. The petitioner fulfilled

the conditions stipulated in Clause 6.1.1 of the Government 2025:KER:32675 WP(C) NO.24652 of 2024

Order. His request for placement with effect from 01.06.2009

was declined by the University as per Ext.P4. The petitioner is

a victim of prejudice perpetuated by the authorities, contended

the counsel for the petitioner.

7. The 1st respondent resisted the writ petition. The 1 st

respondent stated that the University implemented UGC 5 th

Regulation as per order dated 11.11.2011. All the

applications received for promotion under CAS were disposed

of by the University. The petitioner was promoted to the post

of Professor with effect from 12.11.2017. The PBAS

submitted by the petitioner in 2012 was scrutinised by the

Statutory Screening Committee on 10.10.2012. It was found

that the petitioner does not have sufficient API scores.

Therefore, he was not recommended for promotion to the post

of Professor. The petitioner was informed of the same as per

Ext.R1(d) communication dated 26.11.2012. The petitioner 2025:KER:32675 WP(C) NO.24652 of 2024

did not challenge the same within a reasonable time. The writ

petition is therefore without any merit and it is liable to be

dismissed, contends the Standing Counsel.

8. I have heard the learned counsel for the petitioner,

respective learned Standing Counsel appearing for

respondents 1 to 4 and 6 and the learned Government

Pleader representing the 5th respondent.

9. The petitioner was appointed in the 1st respondent-

University as Lecturer on 14.07.1999. Taking note of his prior

service of 10 years and six months under the Mahatma

Gandhi University, the petitioner was placed as Senior Grade

Lecturer with effect from 22.12.1999. As the petitioner's

publications were not in the approved journals, the petitioner

was not eligible to be placed in the cadre of Reader.

Therefore, the petitioner was placed as Selection Grade

Lecturer as per the existing 5th UGC Scheme.

2025:KER:32675 WP(C) NO.24652 of 2024

10. The contention of the petitioner is that at the

relevant point of time, there was no list of journals, which are

considered as approved. Therefore, his publications will have

to be accepted. The fact that there was no list of journals will

not entitle the petitioner for CAS promotion on the basis of his

publications.

11. By Government Order dated 27.03.2010, the

Government had declared that there shall be only three

designations of Teachers, namely, Assistant Professor,

Associate Professor and Professor. As per Clause 6.1.11 of

the said Government Order, those who completed three years

in the post of Selection Grade Lecturer has to be designated

as Associate Professor. Therefore, the petitioner was re-

designated as Associate Professor with effect from

01.01.2006. For placement as Professor, a candidate should

submit SAR for a period of five years and five research 2025:KER:32675 WP(C) NO.24652 of 2024

publications prior to the date of eligibility for placement. The

publications of the petitioner were not recognised or published

in credible journals. Therefore, I do not find any illegality in

the action of respondents 1 to 3.

12. The petitioner did not submit the SAR to the post of

Professor either on 23.12.2007 or on 01.01.2009. Even

though the petitioner had completed the required period of

service in the post of Associate Professor to become

Professor as on 01.01.2009, the petitioner failed to submit the

PBS and records of achievements as required by UGC 5th

Regulation. On scrutiny of PBAS submitted by the petitioner

in 2012, it was found that the petitioner is not having sufficient

API score in the category III (Research and Publication).

Therefore, he was not recommended for promotion to the post

of Professor. Later, the petitioner submitted PBAS on

11.11.2017. Thereafter, considering the recommendations of 2025:KER:32675 WP(C) NO.24652 of 2024

the Selection Committee and the Screening Committee, the

petitioner was placed in the post of Professor.

13. Thus, non-promotion of the petitioner as Professor

with effect from 01.06.2009 was due for the reason that the

petitioner did not satisfy the conditions for placement as

Professor as per the UGC Regulations. Therefore, I do not

find any merit in the writ petition

The writ petition is therefore dismissed.

Sd/-

N.NAGARESH JUDGE hmh 2025:KER:32675 WP(C) NO.24652 of 2024

APPENDIX OF WP(C) 24652/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF LETTER NO.2769 AD A3/200L DATED 11.04.2001 ALONG WITH TYPED COPY

Exhibit P2 TRUE COPY THE MINUTES OF THE SCREENING COMMITTEE 1ST RESPONDENT UNIVERSITY HELD ON 30.09.2010 ALONG WITH TYPED COPY

Exhibit P3 TRUE COPY OF ORDER NO.AD.A2/8925(B) CAS IV/SSUS/07/(2) DATED KALADY 20.10.2011 ISSUED BY THE 1ST RESPONDENT ALONG WITH TYPED COPY

Exhibit P4 TRUE COPY OF A LETTER DATED 26.11.2012 ISSUED BY THE 1ST RESPONDENT UNIVERSITY ALONG WITH TYPED COPY

Exhibit P5 TRUE COPY OF NOTIFICATION NO.

AD.A2/8807RSSUS/201L(8) DATED KALADY 10.01.2014 ISSUED BY THE 1ST RESPONDENT

Exhibit P6 TRUE COPY OF ORDER U.O NO.

AD.D12007/CAS-HINDI/SSUS/2015 DATED KALADY 19.03.2018 WITH EFFECT FROM 12.11.2017

Exhibit P7 TRUE COPY OF THE ORDER NO.

4134/AD.A3/SSUS/2019 (4) DATED KALADY 25.09.2018 ISSUED BY THE 1ST RESPONDENT

Exhibit P8 TRUE COPY OF THE PETITION DATED 07.11.2018 2025:KER:32675 WP(C) NO.24652 of 2024

Exhibit P9 TRUE COPY OF THE INFORMATION FURNISHED BY THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT DATED 10.01.2019

Exhibit P10 A TRUE COPY OF ORDER OF THE KANNUR UNIVERSITY NO. ACAD B2/15464/2010 DATED 10.01.2019 ALONG WITH TYPED COPY

Exhibit P11 TRUE COPY OF REPRESENTATION OF THE PETITIONER DATED 12.04.2019 BEFORE THE 2ND RESPONDENT

Exhibit P12 TRUE COPY OF ORDER NO.

16032/ADA3/SSUS/2016 DATED 10.10.2019 ISSUED BY THE 1ST RESPONDENT

Exhibit P13 TRUE COPY OF THE PETITION DATED 20.06.2024

RESPONDENT EXHIBITS

Exhibit R6(a) A TRUE COPY OF THE RELEVANT EXTRACTS OF POINT NO. 3.1, 3.2, 3.4 AND 3.5 OF SCHEDULE FOR CLAUSE 6.8.0 OF UGC REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION,2010

EXHIBIT R1(A) TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF THE SCREENING COMMITTEE HELD ON 30.09.2010 EXHIBIT R1(B) TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE MEETING OF THE SCREENING COMMITTEE HELD ON 10.10.2012 EXHIBITS R1(C) TRUE COPY OF MINUTE OF THE SELECTION 2025:KER:32675 WP(C) NO.24652 of 2024

COMMITTEE CONSTITUTED FOR PLACEMENT OF ASSOCIATE PROFESSOR TO THE POST OF ASSISTANT PROFESSOR TO ASSOCIATE PROFESSOR IN THE DEPARTMENT OF HINDI UNDER CAREER ADVANCEMENT SCHEME

EXHIBIT R1(D) TUE COPY OF MEMO NO.AD.AD/2525/SSUS/2012(3) DATED 26.11.2012 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER