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HIGH COURT OF KERALA
Devan Ramachandran, J
DR.R.RESHMI, – Appellant
Versus
STATE OF KERALA, – Respondent
WP(C)/13575/2022
Education - Writ Petitions - UGC Regulations - Summary of Acts and Sections: The court discusses the UGC Regulations of 2010 and 2018 regarding minimum qualifications for university staff, affirming that M.Phil holders are entitled to benefits, overriding conflicting government orders.
Fact of the Case:
Petitioners, holding M.Phil degrees, sought benefits under UGC Regulations applicable to educational qualifications for faculty, based on previous court rulings which had extended similar benefits to Ph.D. holders.
Issues: Whether M.Phil holders are entitled to benefits under UGC Regulations, despite the conflicting provisions in Government Orders.
Ratio Decidendi: The court held that rights conferred under UGC Regulations must prevail over government orders that undermine these rights, establishing M.Phil holders' entitlement to similar benefits as Ph.D. holders.
Final Decision: All Writ Petitions are granted, affirming that M.Phil holders are entitled to benefits under UGC Regulations.
JUDGMENT
[WP(C) Nos.13488/2022, 12853/2022, 13068/2022, 13575/2022, 13581/2022]
When these matters were called today, the learned counsel on either side were ad idem that the issues involved in these matters have been answered by this Court in the judgment in W.P.(C) No.8213/2020 and connected matters - save that the educational qualifications mentioned therein was M.Phil/Ph.D - while the petitioners in W.P.(C)
No.13488/2022 are only M.Phil holders.
2. In the afore circumstances, I am certain that the petitioners in these cases must also get the same benefit as have been ordered by this Court in the aforementioned judgment.
3. Resultantly, I order these Writ Petitions, declaring that the benefits eligible to the teachers and other academic staff covered by “ UGC Regulations of the year 2010”/” 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” will be in addition to the benefits entitled to them under Government of India order accepting the Pay Revision recommendations of the UGC; and therefore, that they will be entitled to obtain all such without any impediment.
As a corollary to the above declarations, I further clarify that paragraphs 5 and 6 of the Government Order , bearing No.GO(P)No.28/2019/H.Edn dated 29.09.2019, would stand invalid and would not affect any accrued right of the teachers and academic staff based on the “ UGC Regulations , 2018”/ “ UGC Regulations , 2010”.
Needless to say, all consequences of this declaration shall follow forthwith.
Sd/- DEVAN RAMACHANDRAN JUDGE stu APPENDIX OF WP(C) 12853/2022 PETITIONER EXHIBITS Exhibit P1 THE DETAILS OF SERVICE OF THE PETITIONERS Exhibit P2 A TRUE COPY OF THE RELEVANT PORTION OF THE UGC Regulations 2018 Exhibit P3 A TRUE COPY OF THE G.O.
(P)NO.18/2019/HEDN DT.29.06.2019 ISSUED BY THE 4TH RESPONDENT Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DT.27.12.2019 ISSUED BY THE GOVERNMENT OF TRIPURA, HIGHER EDUCATION DEPARTMENT Exhibit P5 A TRUE COPY OF THE RELEVANT PAGES OF THE OFFICE MEMO DT.22.01.2019 ISSUED BY THE REGISTRAR, ALIGARH MUSLIM UNIVERSITY Exhibit P6 A TRUE COPY OF THE ORDER DT.20.08.2019 OF INDIRA GANDHI NATIONAL TRIBAL UNIVERSITY.
Exhibit P7 A TRUE COPY OF THE G.O.(P)NO.3/2021/HEDN DATED 23/01/2021 ISSUED BY THE GOVERNMENT OF KERALA Exhibit P8 A COPY OF THE COMMON JUDGMENT DATED
7.7.2022 BY THIS HON'BLE COURT IN WRIT PETITIONS WP(C) NO.8213 OF 2020 AND CONNECTED CASES.
APPENDIX OF WP(C) 13068/2022 PETITIONER EXHIBITS Exhibit P1 THE DETAILS OF SERVICE OF THE PETITIONERS.
Exhibit P2 A TRUE COPY OF RELEVANT PORTION OF THE UGC Regulations 2018.
Exhibit P3 A TRUE COPY OF RELEVANT PORTIONS OF G.O.
(P) NO.18/2019/HEDN DTD. 29.06.2019 ISSUED BY THE IST RESPONDENT.
Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DTD. 27.12.2019 ISEUD BY THE GOVERNMENT OF TRIPURA, HIGHER EDUCATION DEPARTMENT.
Exhibit P5 A TRUE COPY OF RELEVANT PAGES OF THE OFFICE MEMO DTD. 22.01.2019 ISSUED BY THE REGISTRAR, ALIGARH MUSLIM, UNIVERSITY.
Exhibit P6 A TRUE COPY OF THE ORDER DTD. 20.08.2019 OF INDIRA GANDHI, NATIONAL TRIBAL UNIVERSITY.
Exhibit P7 A TRUE COPY OF THE G.O. (P) NO.
3/2021/HEDN DATED 23/01/2021 ISSUED BY THE GOVERNMENT OF KERALA.
Exhibit P8 A CERTIFIED COPY OF THE COMMON JUDGMENT DATED 7.7.2022 BY THIS HON'BLE COURT IN WRIT PETITIONS WP(C) NO.8213 OF 2020 AND CONNECTED CASES.
APPENDIX OF WP(C) 13575/2022 PETITIONER EXHIBITS Exhibit P1 THE DETAILS OF SERVICE OF THE PETITIONERS.
Exhibit P2 A TRUE COPY OF RELEVANT PORTION OF THE UGC Regulations 2018.
Exhibit P3 A TRUE COPY OF G.O(P) NO. 18/2019/HEDN DT. 29.06.2019 ISSUED BY THE 4TH RESPONDENT.
Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DT. 27.12.2019 ISSUED BY THE GOVERNMENT OF TRIPURA, HIGHER EDUCATION DEPARTMENT.
Exhibit P5 A TRUE COPY OF RELEVANT PAGES OF THE OFFICE MEMO DT. 22.01.2019 ISSUED BY THE REGISTRAR, ALIGARH MUSLIM UNIVERSITY .
Exhibit
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