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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
Jaseena K.u. W/o. Ashraf K.k., – Appellant
Versus
Mahatma Gandhi University – Respondent
JUDGMENT :
(N. NAGARESH, J.)
The petitioners, who are working as Assistant Professor Grade II / Lecturer (Senior Scale) in the MES College, Marampilly, Aluva, seek to quash Ext.P7 communication of the 2nd respondent and to direct the 2nd respondent to approve the placement of the petitioners as Lecturer (Selection Grade) with effect from the dates mentioned in Exts.P3, P4 and P5 with consequential benefits.
2. Petitioners 1 to 3 were appointed as Lecturers on 17.10.1996, 22.03.1999 and 24.03.1999 respectively. The petitioners possess B.Tech Degree in Computer Science and Electronics. The petitioners acquired M.Tech Degree in June, 2011. After completing six years of service, the petitioners were promoted as Lecturer (Senior Scale) as per the 5th UGC Pay Revision Order with effect from 17.10.2002, 22.03.2005 and 24.03.2005 respectively.
3. The petitioners state that as per Ext.P1 UGC Notification on Revision of Pay Scales, Minimum Qualifications for Appointment of Teachers in Universities and Colleges and other Measures for the Maintenance of Standards, 1998, Lecturers in Senior Scale will be placed in the Selection Grade subject to the recommendations of the Selection Committee. The Le
Lecturers who meet eligibility criteria for promotion must be granted placement in Selection Grade, regardless of subsequent pay revision orders.
Eligibility for promotion in academic institutions requires compliance with specific UGC criteria, including submission of a satisfactory Self-Assessment Report and recognized publications.
Petitioners entitled to Selection Grade and promotions under UGC Regulations despite university's inaction; eligibility for dual promotion upheld.
The court upheld the University’s decision regarding placement in selection grade, emphasizing adherence to established guidelines and dismissing the petition for non-prosecution.
The main legal point established is the entitlement of the petitioner to arrears from the correct date of completion of refresher courses as per UGC Regulations, 2000, and the finality of court order....
The court upheld the government's order rectifying seniority to ensure fairness and compliance with constitutional principles.
The court affirmed that Librarians are not exempt from UGC qualification requirements for pay revisions, emphasizing adherence to prior judgments.
Lecturers appointed before January 1, 1996 are entitled to selection grade benefits without needing a Master’s degree, ensuring equal treatment in service matters.
Point of Law : Where range of discretion with authorities have been cut down to such an extent that only one decision is possible, Court may specifically direct authority to act in a particular manne....
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