Kerala High Court
Dr.Ligimol James vs State Of Kerala on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:33623
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. 31099 OF 2023
PETITIONERS:
1 DR.LIGIMOL JAMES, AGED 47 YEARS
ASSISTANT PROFESSOR,
DEPARTMENT OF DAIRY MICROBIOLOGY,
KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY
VERGHESE KURIEN INSTITUTE OF DAIRY AND FOOD
TECHNOLOGY, MANNUTHY, THRISSUR, PIN - 680651
2 DR.DIVYA M.P., AGED 44 YEARS
ASSISTANT PROFESSOR,
DEPARTMENT OF DAIRY CHEMISTRY,
KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY
VERGHESE KURIEN INSTITUTE OF DAIRY AND FOOD
TECHNOLOGY, MANNUTHY, THRISSUR, PIN - 680651
3 JAYADEVAN G.R, AGED 39 YEARS
ASSISTANT PROFESSOR,
DEPARTMENT OF DAIRY BUSINESS MANAGEMENT,
COLLEGE OF DAIRY SCIENCE AND TECHNOLOGY,
KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY
BSNL-RTTC CAMPUS, KAIMANAM P.O.,
THIRUVANANTHAPURAM, PIN - 695040
BY ADVS.
SRI. S.P.ARAVINDAKSHAN PILLAY
SMT. N.SANTHA
SRI. V.VARGHESE
SRI. PETER JOSE CHRISTO
SRI. S.A.ANAND
SMT. K.N.REMYA
SMT. L.ANNAPOORNA
2025:KER:33623
W.P.(C) No.31099/2023
:2:
SRI. VISHNU V.K.
SRI. ABHIRAMI K. UDAY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 SECRETARY TO GOVERNMENT
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 SECRETARY TO GOVERNMENT
DAIRY DEVELOPMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY
POOKODE, WAYANAD, REPRESENTED BY ITS REGISTRAR,
PIN - 673576
5 REGISTRAR
KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY
POOKODE, WAYANAD, PIN - 673576
6 SECRETARY TO GOVERNMENT,
ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
BY ADVS.
SRI. MANU GOVIND, STANDING COUNSEL
SRI. PREMCHAND R. NAIR, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 17.03.2025 AND THE COURT ON 13.05.2025
DELIVERED THE FOLLOWING:
2025:KER:33623
W.P.(C) No.31099/2023
:3:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.31099 of 2023
`````````````````````````````````````````````````````````````
Dated this the 13th day of May, 2025
JUDGMENT
~~~~~~~~~
The petitioners are working as Assistant
Professors under the Kerala Veterinary and Animal Science
University. The writ petition has been filed to quash Exts.P10
and P12 to P14 to the extent the University has decided not
to reckon the prior service of the petitioners as qualifying
service for the purpose of promotion/placement under the
Career Advancement Scheme. The petitioners have also
sought certain other incidental reliefs.
2025:KER:33623
2. The petitioners state that they were inducted
into service as Academic Consultants (on deputation basis)
from the State Government service in the year 2011. They
were appointed as Assistant Professors on regular basis on
07.03.2015. The petitioners state that in the year 2013,
another batch of temporary Teachers were appointed as
Assistant Professors. They were also doing the same job
and taking the same salary.
3. As per Ext.P1 UGC Regulations, the prior
service of the petitioners as Academic Consultants is eligible
to be counted along with their regular service as Assistant
Professors for the purpose of promotion under the Career
Advancement Scheme (CAS). However, as per Ext.P10, the
University decided to deny the benefit of counting prior
service, to the petitioners.
4. The petitioners would submit that other
similarly situated Assistant Professors approached this Court
2025:KER:33623
and their request was granted by this Court as per Ext.P11
judgment. The University thereafter issued Exts.P12 to P14
stating that the Selection Committee has selected the
petitioners as Academic Consultants which was not in
accordance with the UGC Norms. Hence, the University
sought Government's advice. The Government has no role
to decide the issue, contend the petitioners.
5. The petitioners state that University is the
ultimate authority in the matter of appointment and service
conditions of Teachers. They are to be governed by the
University Act and the Statutes. To the extent they are not
inconsistent with UGC Regulations, the UGC Regulations will
govern grant of CAS promotion. Ext.P21 is without
jurisdiction. Ext.P10 decision to the extent is against the
petitioners is vitiated by hostile discrimination. Exts.P10, P12
and P14 are violative of Articles 14, 21 and 300A of the
Constitution of India, contended the petitioners.
2025:KER:33623
6. Respondents 4 and 5 filed and counter
affidavit. Respondents 4 and 5 submitted that the University
invited applications to the post of Academic Consultants. The
petitioners came on deputation as Academic Consultants
from various Government Departments. The petitioners were
given provisional appointment as Assistant Professors as per
Exts.P5 to P7. The petitioners sought absorption as Assistant
Professors. Their claim for absorption was rejected in
judgment in W.P.(C) No.15580/2014 which decision was
upheld in W.A. No.108/2019.
7. The petitioners sought to count their past
service as Academic Consultants to be counted for promotion
under the CAS. The Committee constituted by the University
for selection to the post of Academic Consultants and
Selection Committee formed for selection of Assistant
Professors are different. The University has therefore sought
clarification from the Government in the matter of counting of
2025:KER:33623
past service of the petitioners.
8. The 2nd respondent-Secretary to
Government filed an affidavit stating that the Higher
Education Department has no role or control over the Kerala
Veterinary and Animal Science University. The University
has not sought any advice in this regard.
9. The additional 6th respondent-Secretary to
Animal Husbandry Department filed a counter affidavit. The
additional 6th respondent stated that the appointment of
petitioners as Academic Consultants does not satisfy the
criteria prescribed by UGC norms. In the selection of
Academic Consultants, candidates who did not possess
qualification for appointment as Teachers as per UGC norms,
were also included. The 6th respondent asserted that as per
the UGC Regulations, 2010, the petitioners are not entitled to
reckon their prior service as Academic Consultants for
promotion under CAS.
2025:KER:33623
10. I have heard the learned counsel for the
petitioners, the learned Senior Government Pleader
representing respondents 1 to 3 and 6 and the learned
Standing Counsel appearing for respondents 4 and 5.
11. The petitioners were appointed as Academic
Consultants in the year 2011. Subsequently, they were
appointed as Assistant Professors on a temporary basis as
per Exts.P5 to P7. It is discernible from the pleadings that
the claim of the petitioners for absorption to the post of
Assistant Professor was rejected by judgment dated
12.12.2018 in W.P.(C) No.15580/2014. The said decision
was upheld by judgment dated 20.05.2020 in W.A.
No.108/2019.
12. The selection of Academic Consultants was
made by a Committee comprising of :
(a) Hon'ble Vice Chancellor
(b) Registrar
2025:KER:33623
(c) Director of Academics and Research (DAR)
(d) Dean of the faculty.
(e) Head of the University Department
(f) External expert.
When the petitioners were so appointed on deputation, they
were given salary attached to their post in the parent
Department. UGC pay scale applicable to Assistant
Professors were not extended to them.
13. As per UGC Regulations, the Selection
Committee for the post of Assistant Professor in the
University shall have the following composition:
(a) The Vice Chancellor shall be the
Chairperson of the Selection Committee.
(b) Three experts in the concerned subjects
nominated by the Vice Chancellor out of the panel of names
approved by the relevant statutory body of the University
concerned.
2025:KER:33623
(c) Dean of the concerned faculty, whereever
applicable.
(d) Head / Chairperson of the
Department/School.
(e) An Academician nominated by the Visitor /
Chancellor, wherever applicable.
(f) An Academician representing SC / ST /
OBC / Minority / Women / Differently-abled categories to be
nominated by the Vice Chancellor or Acting Vice Chancellor,
if any of the candidates representing these categories is the
applicant and if any of the above members of the Selection
Committee do not belong to that category.
The composition of the Committee for Selection of Academic
Consultants and the composition of Selection Committee for
the post of Assistant Professor would indeed indicate that
those posts are distinct and different.
2025:KER:33623
14. The University has considered the fact the
petitioners were fully qualified in all respects for appointment
as Assistant Professors. However, the appointment of
petitioners as Academic Consultants does not satisfy the
criteria for selection and appointments as prescribed by the
UGC norms.
In the afore circumstances, I do not find any
illegality or arbitrariness in Exts.P10 and P12 to P14 orders.
The writ petition is therefore without any merit and hence
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/25.04.2025
2025:KER:33623
APPENDIX OF WP(C) 31099/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF
UGC REGULATIONS, 2010.
Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF
NOTIFICATION DATED 02.02.2011.
Exhibit P3 TRUE COPY OF THE UNIVERSITY ORDER
NO.KVASU/GA/11/2011(II) DATED
28.02.2011 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P4 TRUE COPY OF THE UNIVERSITY ORDER
NO.GA/C/969/2011 DATED 27.03.2014 OF
THE 4TH RESPONDENT.
Exhibit-P5 TRUE COPY OF THE ORDER NO. KVASU/
GA/A/1648/2014/19(I) DATED 07.03.2015
ISSUED BY THE 4TH RESPONDENT.
Exhibit-P6 TRUE COPY OF THE ORDER NO.KAVASU/
GA/A/1648/2014/18(I) DATED 07.03.2015
ISSUED BY THE 4TH RESPONDENT.
Exhibit-P7 TRUE COPY OF THE ORDER NO.KVASU/
GA/A/1648/2014/20 DATED 07.03.2015
ISSUED BY THE 4TH RESPONDENT.
Exhibit-P8 TRUE COPY OF THE NOTIFICATION
NO.KVASU/ GA/C/520/2013 DATED
18.04.2013 ISSUED BY THE 4TH
RESPONDENT.
Exhibit-P9 TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE UNIVERSITY BEFORE THIS
HON'BLE COURT IN W.P.(C)NO.15580/2014.
Exhibit-P10 TRUE COPY OF THE UNIVERSITY ORDER
2025:KER:33623
NO.KVASU/GA/A5/1614/2015 DATED
06.04.2022, ISSUED BY THE 4TH
RESPONDENT.
Exhibit-P11 TRUE COPY OF THE JUDGMENT DATED
20.07.2022 IN W.P.(C)NO.17868/2022 OF
THIS HON'BLE COURT.
Exhibit-P12 TRUE COPY OF THE ORDER NO.KVASU/GA/
C2/12311/2022(I) DATED 16.12.2022 OF
THE 4TH RESPONDENT IN RESPECT OF THE
1ST PETITIONER.
Exhibit-P13 TRUE COPY OF THE ORDER NO.KVASU/GA/C2/
12311/2022(II) DATED 16.12.2022 OF THE
4TH RESPONDENT IN RESPECT OF THE 2ND
PETITIONER.
Exhibit-P14 TRUE COPY OF THE ORDER NO.KVASU/GA/C2/
12311/2022(III) DATED 16.12.2022 OF
THE 4TH RESPONDENT IN RESPECT OF THE
3RD PETITIONER.
Exhibit P15 TRUE COPY OF THE SALARY SLIP OF THE
1ST PETITIONER FOR THE MONTH OF JULY
2011.
Exhibit P16 TRUE COPY OF THE SALARY SLIP OF THE
3RD PETITIONER FOR THE MONTH OF JULY
Exhibit P17 TRUE COPY OF CIRCULAR NO.
KVASU/GA/A5/363/ 2025(1) DATED
16.01.2025 OF THE 5TH RESPONDENT.
Exhibit P18 TRUE COPY OF THE ORDER NO.KVASU/GA-
C/520/ 2013 DATED 07.09.2013 OF THE
5TH RESPONDENT
Exhibit P19 TRUE COPY OF THE ORDER NO.
KVASU/GA/A5/ 5096/2023(1) DATED
2025:KER:33623
03.07.2024 OF THE 5TH RESPONDENT
Exhibit P20 A TRUE COPY OF ANNEXURE TO ORDER
NO.KVASU/GA/A6/3233/2023 DATED
17.10.2024 OF THE 5TH RESPONDENT
Exhibit P21 TRUE COPY OF LETTER NO.F2/123/2023-AH
DATED 08.04.2024 OF THE SECRETARY TO
GOVERNMENT, ANIMAL HUSBANDRY
DEPARTMENT.
