Madhya Pradesh High Court
Dr. (Mrs.) Maneesha Dandawate vs The State Of Madhya Pradesh on 29 October, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2025:MPHC-IND:31209
1 WP-41266-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 29th OF OCTOBER, 2025
WRIT PETITION No. 41266 of 2025
DR. (MRS.) MANEESHA DANDAWATE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri L. C. Patne, learned counsel for the petitioner.
Shri Raghav Shrivastava learned counsel for the respondent/state.
ORDER
Learned counsel for the petitioner argued that the issue involved in the
present case is squarely covered by the judgment passed by this Court in the
case of Dr.(Ms) Alka Jain Vs. State of MP and Ors passed in WP
No.4319/2021 decided on 09.09.2025.
Learned counsel for the respondent/state was granted time to examine
the same. After examining the same, though counsel for the respondent/state
argued but could not distinguish the present case from the judgment passed
in the case of Dr.(Ms.) Alka (supra).
The petitioner is not aggrieved by any particular order but is aggrieved
by illegal and arbitrary inaction on the part of the respondents in not
extending the benefit of three advance increments to the petitioner on
account of his obtaining Ph.D. Degree in Botany subject in accordance with
the Circulars dated 14.9.2012 as well as in terms of UGC Regulations, 2010
NEUTRAL CITATION NO. 2025:MPHC-IND:31209
2 WP-41266-2025
& UGC Regulations, 2018 which provides for grant of three advance
increments to an Assistant Professor on account of obtaining Doctor of
Philosophy (Ph.D.) Degree. Moreover, various similarly situated persons
have already been granted the benefit of advance increment on account of
obtaining their Ph.D. Degree pursuant to the command of this court viz. Dr.
(Smt) Snehlata Purohit v. State of M.P. & Others [W.A. no. 315/2009,
decided on 19.11.2014]. Thus, a hostile discrimination is meted out to the
petitioner in the matter of grant of advance increments on account of
obtaining Ph.D. Degree at par with other similarly situated persons.
That, the petitioner was initially appointed on the recommendation of a
duly constituted selection committee on the post of Assistant Professor in
Botany on regular basis in the then regular pay scale of Rs.2200-4000/- on
21.12.1987. The petitioner submits that at the time of his initial appointment
on regular basis, on the post of Assistant Professor Botany, the petitioner was
possessing the requisite educational qualifications as prescribed under the
provisions of M.P. Educational Service (Collegiate Branch) Recruitment
Rules, 1990 as she was holding Master of Science (M.Sc.) Degree in Life
Science. As per the extant provisions of Recruitment Rules, Ph.D. Degree
was not an essential qualification for appointment on the post of Assistant
Professor in Botany. The petitioner joined her duties on the post of Assistant
Professor in Botany on 14.12.1987 and right since then she has been
discharging her duties sincerely, diligently and to the best of his abilities.
The petitioner was conferred benefit of senior grade pay scale of Rs. 10000-
15200/-, w.e.f. 21.12.1994, benefit of selection grade payscale of Rs. 12000-
NEUTRAL CITATION NO. 2025:MPHC-IND:31209
3 WP-41266-2025
18300/- w.e.f. 21.12.1999 and benefit of pay band IV i.e. placement in the
pay scale of Rs.37400-67000/- + AGP 9000/- w.e.f. 01.01.2006 which is
evident from the bare perusal of copy of his e-service book.
The petitioner has obtained Doctor of Philosophy (Ph.D.)Degree in the
Subject Botany from DAVV, Indore, vide Ph.D. Notification dated
05.02.2018 (Annexure P/3).
The petitioner submits that in terms of Circular dated 14.9.2012 issued
by the State Government as well as in terms 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, 2018 (Annexure P/5) (hereinafter referred to
as "UGC Regulations, 2018"), the petitioner is entitled to be granted 3
advance increments on account of his obtaining Ph.D .Degree in subject
Economics. The aforesaid UGC Regulations, 2018 have been duly
implemented by the Respondent No. 1 Department by issuing a Circular in
this regard dated 18.1.2019.
Being aggrieved by the injustice done to him, the petitioner has
submitted a representation dated 13.10.2025 (Annexure P/6) addressed to
Respondent No.2 through proper channel.
Learned counsel for the respondent submitted that the petitioner is not
entitled for grant of three advance increments on account of obtaining Ph.D.
because she has not passed the Ph.D in accordance with the regulation 2009,
wherein entrance and course work etc are not included therefore, she is not
entitled to get three advance increments. It is further submitted that the
NEUTRAL CITATION NO. 2025:MPHC-IND:31209
4 WP-41266-2025
petitioner has obtained Ph.D degree on 05.02.2018 and the 7th pay
commission has been implemented with effect from 01.01.2016 when the
petitioner was not possessing the Ph.D and in the 7th UGC pay scale,
approved by the State Government, there is no provision of grant of three
advance increments on account of obtaining Ph.D but for the post of
Assistant Professor or Professor Ph.D is essential criteria, therefore, the
petitioner is not entitled to get three increment on obtaining Ph.D. The
fixation of the pay scale of the petitioner has been done as per the position as
on 31.12.2015.
After hearing learned counsel for the parties, this Court finds that the
reasoning assigned by the respondents for denying the benefit of three
advance increments on account of obtaining Ph.D degree on the ground that
on the 7th UGC pay scale approved by the state government, there is no said
provision to grant three advance increments for obtaining Ph.D cannot be
appreciated. A bare perusal of the circular dated 18.01.2019, it is axiomatic
that the UCG regulation 2018 modified through gazette notification dated
18.07.2018 which has already been adopted and implemented by the
respondent no.1 to the pay scale concerned with effect from 01.01.2016.
Regulation 18 provides for the grant of three advance increments on
obtaining Ph.D degree by virtue of circular dated 18.01.2019.
The same shall be applicable to the petitioner as well and therefore,
she was to be sanctioned three advance increments by the respondent no.3.
The reasoning given by the respondents regarding not completing course
work for getting her Ph.D degree has no merit and deserves to be set aside.
NEUTRAL CITATION NO. 2025:MPHC-IND:31209
5 WP-41266-2025
In view of the aforesaid, the petition is allowed and the respondents
are directed to consider the case of the petitioner for grant of three advance
increments from the date of obtaining Ph.D degree with effect from
05.02.2018 in accordance with the circular dated 14.09.2012 passed by the
respondent no.1 as well as in terms of the UGC regulation 18 and to refix the
pay and to release the arrears alongwith 6% interest from the date it became
due till the same is paid.
The aforesaid exercise shall be carried out within the period of 60 days
from the date of filing of a copy of the order passed today.
With the aforesaid, the present petition stands allowed and disposed of.
(VIJAY KUMAR SHUKLA)
JUDGE
Sourabh
