IMPORTANT POINT
Previous regular service in academic positions must be considered for promotion under the Career Advancement Scheme, and universities cannot unjustly require specific documents from prior employment.

JUDGMENT :

N.NAGARESH, J.

The petitioner is an Academician with a Masters Degree in Psychology with NET and Ph.D. The petitioner states that she has regular publications in Scopus and Index Journals and has Authored and Edited Books. She had research projects, international collaborations and has supervised Ph.D and M.Phil Scholars for the last two decades.

2. The petitioner is now working as the Assistant Professor in the Department of Psychology in the University of Kerala. The petitioner's last appointment by direct recruitment was as per Ext.P1 letter dated 22.03.2017. The petitioner states that the petitioner joined duty on 24.03.2017 and her probation was declared with effect from 24.03.2018 as evident from Ext.P2. The petitioner was appointed with a salary of Rs.18840 + AGP Rs.6,000/-. This is evident from Ext.P3.

3. The petitioner submits that the petitioner had earlier service. The details of which are given below:-

4. The petitioner states that the petitioner is eligible to be promoted as Associate Professor with retrospective effect by counting the previous service along with the present service and to get the monetary benefits pursuant to the same. The respondents are denying eligible prospects under the Career Advancement Scheme (CAS) for trivial reasons.

5. Standing Counsel for the University entered appearance and resisted the writ petition. The Standing Counsel submitted that the petitioner was required to produce documents as mandated by the UGC for grant of CAS promotion as Associate Professor. The petitioner failed to do so. Under such circumstances, the respondents could not grant promotion to the petitioner.

6. The respondents submitted that as per UCG regulations, 2018, Clause 10(d), a Teacher should be appointed on the recommendation of a duly constituted Selection Committee, as per the rules of the respective University. The petitioner failed to produce the documents of the selection process such as minutes of the Selection Committee or the order and minutes of the recommendations of the Selection Committee signed by its members. These are all material documents required for effecting promotion as Associate Professor. The petitioner should either produce the afore documents or other certificates to enable the University to come to a conclusion that the petitioner was subjected to a selection process earlier.

7. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing respondents 1 and 2.

8. Ext.P11 is the 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. Clause 1.1 of Ext.P11 Regulations would state that previous regular service, whether national or international, as Assistant Professor, Associate Professor or Professor or equivalent in a University, College, National Laboratories or other scientific/professional organisations such as the CSIR, ICAR, DRDO, UGC, ICSSR, ICHR, ICMR and DBT, should count for the direct recruitment and promotion under the CAS of a Teacher as Assistant Professor, Associate Professor, Professor or any other nomenclature subject to the conditions prescribed thereunder.

9. The petitioner states that the petitioner worked in CHRIST (Deemed to be University) Bangalore, Karnataka as Associate Professor of Psychology from June 200