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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J.
Letha Aravind W/o Manojkumar - Petitioner
Versus
Mahatma Gandhi University Represented By Its Registrar - Respondent
WP (C) No. 14776 of 2021
Decided On : 19-02-2025
(A) Kerala University Act, 1974 - Sections 23 and 36 - Promotion to the post of Deputy Librarian - Petitioner, qualified and seniormost Assistant Librarian Grade-I, seeks promotion as per Ext.P10 Ordinance effective from 01.06.2021 - Respondents argue post is non-existent under UGC Scheme - Court finds promotion rights established under University Ordinance cannot be overridden by UGC Regulations without amendment - Validity of promotion process upheld. (Paras 9 , 16 , 18 )
Facts of the case:
The petitioner served in various capacities at Mahatma Gandhi University and claims entitlement to promotion as Deputy Librarian following the retirement of the previous incumbent, citing qualifications and seniority. The University contends the post is now governed by UGC qualifications, rendering the petitioner ineligible.
Findings of Court:
The court confirmed the existence of the Deputy Librarian post as per University Statutes and ruled that the respondents must consider the petitioner's promotion claim as per the Ordinance, overriding UGC provisions until amendments are made.
Issues: The primary issue was whether the Deputy Librarian post under University Ordinance still exists despite the UGC Scheme and if the petitioner is entitled to promotion based on seniority and qualifications.
Ratio Decidendi: The court held that without amending the University Ordinance, the respondents cannot deny the post's existence or the petitioner's right to promotion, emphasizing that statutory provisions govern promotions. (Paras 16 , 17 )
Result: Writ petition allowed; respondents directed to promote the petitioner as Deputy Librarian effective from the due date of entitlement.
JUDGMENT :
1. The petitioner, who is in the service of the Mahatma Gandhi University, is before this Court seeking to direct the respondents to grant promotion to the petitioner as Deputy Librarian with effect from 01.06.2021 with all consequential benefits. The petitioner seeks to declare that the post of Deputy Librarian sanctioned as per Ext.P10 Ordinance governs the field and the petitioner being the seniormost qualified Assistant Librarian Grade-I, which forms a feeder category, is entitled to be promoted as Deputy Librarian with effect from 01.06.2021.
2. The petitioner was initially appointed as Library Assistant in the University of Kerala as per Ext.P1 order dated 01.11.1996. The petitioner was granted an Inter University Transfer as Library Assistant and the petitioner came to serve under the Mahatma Gandhi University. In the Mahatma Gandhi University, the petitioner was promoted as Technical Assistant on 18.11.1998, as Reference Assistant on 14.01.2014 and as Assistant Librarian Grade-II as per Ext.P7 order dated 10.08.2018. The petitioner was thereafter promoted as Assistant Librarian Grade-I as per Ext.P8 order dated 01.12.2020.
3. The petitioner states that the petitioner possesses the qualification of Degree in Bachelor of Library and Information Science and subsequently, she has also acquired Post Graduate Degree in Master of Library and Information Science. The petitioner is fully qualified to be considered for promotion to the post of Deputy Librarian. The post is sanctioned as per the University Ordinance, contends the petitioner. The petitioner’s request for promotion remains unheeded.
4. The petitioner states that under the Kerala University First Ordinance, 1978, which is followed by the Mahatma Gandhi University, the University Librarian has five categories of posts namely, Deputy Librarian, Assistant Librarian, Reference Assistant, Technical Assistant and Library Assistant. Next promotional avenue of Assistant Librarian is Deputy Librarian. The appointment to the post of Deputy Librarian is by way of promotion as per the Ordinance.
5. The petitioner states that when the University refused to fill up the vacancy of Deputy Librarian earlier, certain candidates filed W.P.(C) No.8669/2007, which was disposed of as per Ext.P12 judgment. In Ext.P12 judgment, this Court declared that the post of Deputy Librarian sanctioned in Ext.P10 Ordinance will not cease to exist merely for the reason of implementation of UGC Scheme and it continues to operate and the vacancy is liable to be filled up.
6. The petitioner states that a vacancy of Deputy Librarian arose in the University due to retirement of Smt. Laila T.Abraham on 31.03.2019. One Sri.Sreekumar V., who was the seniormost Assistant Librarian, filed W.P.(C) No.8870/2019 seeking promotion to the post. This Court allowed the writ petition as per Ext.P13 judgment. Though this Court declared that Sri. Sreekumar V was entitled to be promoted as Deputy Librarian, this Court did not issue a direction to grant promotion to Sri. Sreekumar V with effect from 01.04.2019, the date of occurrence of vacancy. The said Sreekumar V therefore filed R.P.No.722/2019 seeking to review Ext.P13 judgment. The said Review Petition was allowed by this Court as per Ext.P14. On the basis of Ext.P14 order, Sri. Sreekumar V was granted promotion as Deputy Librarian with effect from 01.04.2019, the date of occurrence of vacancy, as per Ext.P15.
7. When the post again became vacant, the next seniormost Assistant Librarian Grade-I in the feeder category Smt.Jayasri P.B. was entitled to be promoted as Deputy Librarian. The University declined promotion to Smt. Jayasri P.B. also. The said Jayasri P.B. filed W.P.(C) No.7067/2021 and the writ petition was disposed of by this Court as per Ext.P17 judgment directing the University to consider the claim of Jayasri P.B.
8. The petitioner states that the post was again became vacant and the petitioner is the next seniormost Assistant Librarian Grade-I fully qu
Promotion rights under University Ordinance cannot be overridden by UGC Regulations without formal amendments; entitlement based on seniority and qualifications must be recognized.
Promotion to Deputy Registrar requires a minimum of 13 years’ service as Assistant Registrar, including 5 years in Senior Scale as per UGC regulations; retrospective claims on promotion are barred by....
Promotion eligibility based on examination qualifications under university statutes.
Petitioners being similarly situate and discharging similar duties and working in the same cadre could not be given different treatment.
The main legal point established is that the post of Deputy Finance Officer is to be filled by direct recruitment as per the 75% quota rule, and the petitioner, holding the post of Assistant Registra....
Promotions under the Kerala University First Ordinance must adhere strictly to its provisions, unaffected by government orders unless amended formally.
In case of disputes regarding seniority and matters connected with it by reason of any order of Government or any order of an authority subordinate to Government, representations for reconsideration ....
Point of Law : UGC regulations - There was no provision in the M.G. University Law for fixing the tenure of appointment of Principals as deemed to be permanent nature.
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