Back
HIGH COURT OF KERALA
Devan Ramachandran, J
BODHY KRISHNA.S – Appellant
Versus
STATE OF KERALA, – Respondent
WP(C)/13488/2022
Benefits - Academic Staff - UGC Regulations 2010, UGC Regulations 2018 - The court ruled that M.Phil holders are entitled to the same benefits as Ph.D. holders under UGC Regulations without barriers imposed by previous government orders.
Fact of the Case:
Multiple writ petitions were filed by teachers seeking benefits under UGC Regulations. The court had previously ruled in favor of similar petitioners holding Ph.D. degrees, prompting the current petitioners, holding M.Phil degrees, to seek the same benefits.
Finding of the Court:
The court determined that the petitioners holding M.Phil degrees should receive equivalent benefits as those with Ph.D. qualifications, stating that prior government orders restricting these benefits were invalid.
Issues: The primary issue was whether M.Phil holders should be entitled to the same benefits as Ph.D. holders under the UGC regulations and if previous government orders were applicable.
Ratio Decidendi: The court asserted that the benefits under the UGC Regulations relate to educational qualifications, and thus M.Phil holders are equally entitled to these benefits as their Ph.D. counterparts.
Final Decision: Writ petitions allowed; benefits granted to M.Phil holders 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”/” 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 ; 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”/ “ 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 P6 A T
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
