JUDGMENT :

V.G.ARUN, J.

This writ petition has come up for consideration based on the reference order of a learned Single Judge, doubting the correctness of the judgment rendered by another learned Single Judge in W.P.(C) No.884 of 2013. The question that arises for consideration is regarding the liability of a Teacher in an aided College, who is granted Fellowship by the University Grants Commission for doing Ph.D, to refund the salary and other benefits received during the Fellowship, on the failure of the Teacher to acquire Ph.D Degree within the period of Fellowship.

2. The petitioner, while working as Selection Grade Lecturer at the N.S.S. College, Pandalam was awarded “Teacher Fellowship” under the Faculty Improvement Programme (FIP) of the UGC Xth plan period. The period fixed for completing the Ph.D Course was from 1.6.2005 to 31.3.2007. The petitioner did not acquire Ph.D within the stipulated time or even within the extended time and in fact, acquired the qualification only on 31.12.2016, much after her retirement from service on 31.3.2010. Due to the failure on the part of the petitioner to acquire Ph.D degree within the fellowship period, proceedings were initiated for re