Timely submission of academic qualifications and publications is essential for faculty promotions under UGC regulations; delays in challenges to university decisions can invalidate claims.

JUDGMENT :

MURALEE KRISHNA S., J.

1. Petitioner in W.P.(C) No.24652 of 2024 filed this writ appeal under Section 5 (i) of the Kerala High Court Act, 1958, challenging the judgment dated 13.05.2025 passed by the learned Single Judge in that writ petition.

2. W.P.(C) No.24652 of 2024 is filed by the appellant-petitioner under Article 226 of the Constitution of India, seeking the following reliefs:

“i) Issue a writ of certiorari or other appropriate writ or direction calling for the records leading to Ext.P2, Ext.P4 and Ext.P12 and quashing the same.

ii) Issue a writ of mandamus or other appropriate writ or direction commanding the 1^st and 2^nd respondent to modify Ext.P7 order by giving placement to the petitioner as Professor w.e.f. 01.06.2009.

iii) Declare that petitioner is entitled to be placed as Professor w.e.f. 01.06.2009.

iv) Issue a writ of mandamus or other appropriate writ or direction commanding the 2^nd respondent to dispose of Ext.P13 representation of the petitioner.”

3. Going by the averments in the writ petition, the appellant is now serving as Professor and Head of the Department at the 4^th Respondent Central University of Kerala, Periya, Kasargod, after availing voluntary retirement from the 1^st Respondent Sree Sankaracharya University of Sanskrit, Kalady, on 31.10.2022. The appellant served as a lecturer at Mahatma Gandhi Government Arts College, Mahe, for ten years and 6 months as a lecturer and thereafter joined the 1^st Respondent University as a lecturer on 14.07.1999. The appellant requested that his past service at Government Arts College, Mahe, be counted as per Government Order G.O.(P)171/99/H.Edn. dated 21.12.1999 which stipulates the implementation of revised U.G.C. Scheme, 1998, with effect from 01.01.1996. The modified provision regarding minimum length of service for career advancement is to be implemented from 27.07.1998, the date of notification. The 1^st respondent considered his application only on 30.09.2010, and thereafter, on 20.10.2011, his application was allowed, and fixation of salary was ordered on 02.01.2012, in the Grade of Selection Grade Lecturer. Ext.P2 is the Minutes of the screening committee of the 1^st respondent. The 1^st respondent vide, Ext.P4 communication dated 26.11.2012, informed the appellant that he cannot be placed as a professor as he has not secured the score category. The Government of Kerala Passed G.O.(P)No.58/2010/HEdn. dated 27.03.2010 ordering Revision of Scale of teachers in Universities and colleges, etc. By the said order, the Government declared that there shall be only three designations of teachers, i.e., Assistant Professor, Associate Professor and Professor. By the application of Clause 6.1.11 of the said order, the appellant was placed as Associate Professor with effect from 01.01.2006. Though the said order prescribes the appointment of an Associate Professor with three years of experience as Professor, the appellant's application for placement as Professor was not considered in time, and he was placed as Professor only with effect from 12.11.2017, after the lapse of nearly eight years, vide Ext.P7 order dated 25.09.2018. The appellant filed a representation on 12.04.2019 before the 1^st respondent, which was rejected by the University, vide Ext.P12 order dated 10.10.2019, without considering or complying with the orders of the Supreme Court. The Government of Kerala adopted UGC REGULATIONS in the year 2010, which was upheld by the Full Bench of this Court, vide judgment dated 23.02.2016, which, on challenge before the Supreme Court, ordered the date of effect of U.G.C Regula