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2016 Supreme(Ker) 346

P.V.ASHA
State of Kerala – Appellant
Versus
Anitha Thomas – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Manzoor Ali
For the Respondents: Sri. K.K. Chandran Pillai, Sri. A.S. Sajush Paul, Sri. Thomas James Mundackal, Sri. Bobby Thomas, Sri. T.A. Shaji, Sri. Varughese M. Easo, Sri. S. Krishnamoorthy

JUDGMENT :

The Government of Kerala has filed this Writ Petition challenging Ext.P5 order passed by the Mahatma Gandhi University by which the Syndicate Sub Committee on affiliation resolved to approve the promotion of the 1st respondent as Lecturer Senior Scale w.e.f 2.5.2003 fixing her pay in the scale of Rs.10000-325-15200, under the provisions of the UGC scheme. The petitioners seek for a declaration that the University has no authority to grant relaxation/exemption to the qualification prescribed by the University Grants Commission (`UGC' for short) and that appointments/promotions/placements given by the management in the UGC scale to those who do not have the qualification prescribed by the UGC and the approval of such appointments by the University are not binding on the Government or the departmental authorities. The petitioners also challenge the letter of the University-Ext.P7 as well as the decision of the Syndicate Sub-committee held on 25.8.2004, which is referred to in Ext.P7.

2. The 1st respondent was initially appointed as Lecturer in Mathematics in Bishop Abraham Memorial College, Thruthikkad, (BAM College) which is an aided college and she worked there for the peri

































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