Reesha Bharath K vs National Institute Of Technology, ...
2025 Latest Caselaw 6030 Ker

Kerala High Court

Reesha Bharath K vs National Institute Of Technology, ... on 20 May, 2025

Author: D. K. Singh

Bench: D. K. Singh

                                              1
W.P. (C) No. 2876 of 2024




                                                               2025:KER:34622

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT

                            THE HONOURABLE MR. JUSTICE D. K. SINGH

             TUESDAY, THE 20TH DAY OF MAY 2025 / 30TH VAISAKHA, 1947

                                   WP(C) NO. 2876 OF 2024

         PETITIONER:

                       REESHA BHARATH K.,
                       AGED 44 YEARS, ASSISTANT PROFESSOR,
                       CIVIL ENGINEERING DEPARTMENT,
                       NATIONAL INSTITUTE OF TECHNOLOGY,
                       CALICUT, KERALA-673601,
                       RESIDING AT 'ADWAITHAM', MALAYAMMA P.O,
                       COMPANY MUKKU, KAZHIKODE DIST., PIN - 673601.

                       BY ADV.
                          JOHN T. PAUL

         RESPONDENTS:

               1       NATIONAL INSTITUTE OF TECHNOLOGY,
                       CALICUT, REPRESENTED BY THE DIRECTOR,
                       NIT CALICUT, NIT CAMPUS P.O.,
                       KOZHIKODE, PIN - 673601.

               2       BOARD OF GOVERNORS,
                       REPRESENTED BY THE CHAIRPERSON,
                       NIT CALICUT, NIT CAMPUS P.O.,
                       KOZHIKODE DIST., PIN - 673601.

               3       THE DIRECTOR,
                       NIT CALICUT, NIT CAMPUS P.O,
                       KOZHIKODE DIST, PIN - 673601.

               4       THE REGISTRAR,
                       NIT CALICUT, NIT CAMPUS P.O,
                       KOZHIKODE, PIN - 673601.
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W.P. (C) No. 2876 of 2024




                                                              2025:KER:34622

                       BY ADVS.
                           SHYAM PADMAN
                           C. M. ANDREWS (K/000070/1989)
                           BOBY M. SEKHAR (K/422/2008)
                           LAYA MARY JOSEPH (K/000725/2016)
                           HARISH ABRAHAM (K/764/2007)
                           ASHWATHI SHYAM (K/1451/2020)
                           SWATHY SUDHIR (K/2677/2022)
                           RAM MOHAN (K/2812/2023)


                 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
         20.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P. (C) No. 2876 of 2024




                                                                   2025:KER:34622

                                       D. K. SINGH, J.
                                      --------------------------
                                   W.P.(C) No. 2876 of 2024
                                     -------------------------
                            Dated this the 20th day of May, 2025

                                          JUDGMENT

1. The petitioner is employed as Assistant Professor in the Civil

Engineering Department of National Institute of Technology, Calicut.

Initially she joined in the service in the year 2007 as Lecturer after

completing her M. Tech in Civil Engineering.

2. The All India Council for Technical Education (AICTE) has rolled

out a programme namely 'Quality Improvement Programme (QIP)'

where for pursuing various higher education such as Master's Degree

Programme, Ph.d Programme in Engineering/Management,

scholarships had been provided for the duration stipulated under the

QIP. Under the QIP, the duration of the Scheme for pursuing Ph.d

programme is three years with proviso that normally, no further

extension will be granted. However, in exceptional cases the

duration for Ph.D programme would be extendable by one year as a

special case at the level of QIP centre. But for this extendable one

year, no scholarship would be admissible.

2025:KER:34622

3. The petitioner applied for a study leave/deputation under the

said programme to pursue her Ph.D in Civil Engineering from IIT,

Madras in the year 2012. The petitioner was granted study

leave/deputation for three years with full pay and allowances under

the said scheme to pursue her Ph.D from IIT, Madras.

4. The petitioner has not been able to complete her Ph.D even

after 13 long years and as per the communication dated 25.11.2021

issued by the IIT, Madras in Exhibit R-4(e) of the counter affidavit, the

petitioner's registration for Ph.D stood cancelled w.e.f. 07.10.2021.

The said communication which was also addressed to the petitioner

would read as follows; "Ms. Reesha Bharath K., Roll No. CE12D052,

who has registered for Ph.D programme on 16.07.2012 in the

Department of Civil Engineering has failed to submit the thesis within

the maximum period of registration plus Covid related registration

extension. As per clause R.19.c of Ph.D Ordinance & Regulation and

based on the decision of Deans' Committee meeting under reference

cited, the registration of Ms. Reesha Bharath K (CE12D052) is deemed

to have been cancelled w.e.f. 07.10.2021."

5. As the petitioner could not complete her Ph.D and her

registration stood cancelled vide the communication in Exhibit R-4(e)

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dated 25.11.2021, the NIT, Calicut has issued Exhibit P-9 recovery

notice for the payment made to the petitioner during which she was

sanctioned the study leave/deputation with full payment of salary

and wages. The petitioner has been directed to pay an amount of Rs.

21,65,193/- plus interest thereon w.e.f. 15.06.2023 till payment date.

The present writ petition has been filed impugning the said recovery

notice issued to the petitioner.

6. The learned Counsel for the petitioner submits that within

three years of duration, it is not possible to complete the Ph.D

programme and as per the communication issued on 14.02.2024 by

the IIT, Madras itself, the petitioner is still pursuing her Ph.D work

and she will be awarded her doctoral degree upon completing her

thesis and fulfilling all the requirements.

7. The submission of the learned Counsel for the petitioner is that

the petitioner's registration has not been cancelled and if it was

cancelled, it has been revoked and the petitioner is still allowed to

complete her Ph.D from IIT, Madras. He therefore, submitted that

the impugned recovery notice in Exhibit P-9 for recovery of an

amount of Rs. 21,65,193/- plus interest thereon w.e.f. 15.06.2023 till

the payment date is wholly unjustified, arbitrary and illegal and,

2025:KER:34622

therefore, the same should be set aside.

8. On the other hand, Ms. Laya Mary Joseph, the learned Standing

Counsel for the NIT, Calicut submits that the petitioner was

sanctioned the study leave with full pay and allowances to pursue her

Ph.D progamme under the QIP and, therefore, she is bound by the

terms and conditions of the said programme. The petitioner could

not complete her Ph.D in 13 long years though the duration for which

the study leave/deputation with full pay and allowances was for only

three years. As the petitioner took the study leave/deputation with

full pay and allowances and did not complete her Ph.D., the NIT,

Calicut has every right to recover the amount paid to the petitioner.

9. I have considered the submissions. The facts are not in dispute.

The fact remains that the petitioner has not been able to complete

her Ph.D even after 13 long years since when she was granted the

study leave/deputation way back in 2012 with full pay and

allowances. Even as per the communication of the IIT, Madras dated

14.02.2024, the petitioner was not able to complete the Ph.D thesis

and even after more than one year since the said communication was

issued to her, she has not completed her thesis. As the petitioner was

sanctioned with the study leave/deputation with full pay and

2025:KER:34622

allowances under QIP and she took the study leave/deputation with

full pay and allowances under the terms and conditions of the QIP,

the petitioner is bound by the terms and conditions of the QIP.

10. In view thereof, I do not find that there is any error of law, facts

or jurisdiction in demanding the payment made to the petitioner for

three years for which the petitioner was sanctioned study

leave/deputation to pursue her Ph.D. programme from the IIT,

Madras. As the petitioner has failed miserably to complete the Ph.D

after 13 long years, this Court cannot interfere with the impugned

recovery notice issued to the petitioner by the NIT, Calicut. I find no

substance in this writ petition and, hence, the same is hereby

dismissed.

Sd/-

D. K. SINGH JUDGE Svn

2025:KER:34622

APPENDIX OF WP(C) 2876/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE QUALITY IMPROVEMENT PROGRAMME OF AICTE UPDATED ON 23.1.2023

EXHIBIT P2 TRUE COPY OF THE RELIEVING LETTER OF NIT, CALICUT LETTER REF. NO.P2/3324/2007 DATED 05.07.2012

EXHIBIT P3 TRUE COPY OF THE LETTER OF ADMISSION OF IIT, MADRAS LETTER NO.F.ACAD/R3/ADMN LTR/2012 DATED 16.07.2012

EXHIBIT P4 A TRUE COPY OF THE SAMPLE FORMAT OF THE BOND EXECUTED BY THE PETITIONER WITH NIT, CALICUT

EXHIBIT P5 TRUE COPY OF THE OFFICE ORDER NO.160 OF NIT, CALICUT NO.P2/3324/2007 DATED 09.07.2015

EXHIBIT P6 TRUE COPY OF THE EMAIL OF THE PETITIONER'S GUIDE PROF. K RAMAMURTHY DATED 04.1.2024

EXHIBIT P7 . TRUE COPY OF THE MEMORANDUM OF NIT, CALICUT F.NO.P2/3324/2007 DATED 17.05.2023

EXHIBIT P8 TRUE COPY OF THE PETITIONER'S REPLY DATED 14.7.2023

EXHIBIT P9 TRUE COPY OF THE OFFICE ORDER OF NIT, CALICUT F.NO.P2/3324/2007 DATED 9.11.2023

EXHIBIT P10 TRUE COPY OF THE PETITIONER'S PAYSLIP FOR DECEMBER 2023

RESPONDENT EXHIBITS

EXHIBIT R4(A) TRUE COPY OF THE LETTER DATED 12.05.2011 ISSUED BY THE CHAIRMAN OF CENTRE FOR CONTINUING EDUCATION, IIT MADRAS TO THE PETITIONER

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EXHIBIT R4(B) TRUE COPY OF THE BOND AGREEMENT DATED 02.07.2012 EXECUTED BY THE PETITIONER IN FAVOUR OF 1ST RESPONDENT INSTITUTE

EXHIBIT R4(C) TRUE COPY OF THE LETTER DATED 15.06.2023 ISSUED BY THE 1ST RESPONDENT INSTITUTE

EXHIBIT R4(D) TRUE COPY OF THE LETTER DATED 02.01.2024 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT INSTITUTE

EXHIBIT R4(E) TRUE COPY OF THE LETTER DATED 25.11.2021 ISSUED BY IIT MADRAS INTIMATING CANCELLATION OF PETITIONER'S REGISTRATION AS QIP SCHOLAR

EXHIBIT R4(F) TRUE COPY OF THE MEMORANDUM ISSUED TO SRI SRINIVASA T M, ASSISTANT PROFESSOR, DEPARTMENT OF COMPUTER SCIENCE

EXHIBIT R4(G) TRUE COPY OF THE MEMORANDUM ISSUED TO SRI.

SUMESH T A, ASSISTANT PROFESSOR, DEPARTMENT OF COMPUTER SCIENCE

EXHIBIT R4(H) TRUE COPY OF THE OFFICE MEMORANDUM DATED 06.02.2014 ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING AS DOPTOM F. NO. 18/26/ 2011-ESTT (PAY-I)