UGC Regulations on appointment of teachers prevail over conflicting State Government Orders, mandating adherence to UGC standards for designation and pay fixation post-tenure.

JUDGMENT :

Muralee Krishna S., J.

The point that arises for consideration in this writ appeal is whether there is any illegality in the finding of the learned Single Judge that Regulation 4.1.V.B.(ii) of the UGC Regulations on Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standard in Higher Education, 2018, (‘ UGC Regulations 2018 ’ for short) will prevail over the conflicting provisions in Exts.P4 and P6 Government Orders dated 29.06.2019 and 29.09.2019, bearing G.O.(P) No.18/2019/HEdn and G.O.(P) No.28/2019/HEdn, respectively?

2. This writ appeal has been filed by respondents 1 to 3 in W.P.(C)No.9523 of 2024, under Section 5 (i) of the Kerala High Court Act, 1958, challenging the judgment dated 21.06.2024 passed by the learned Single Judge in that writ petition. For convenience of reference, the parties are referred to in this judgment in their status as they are in the writ petition.

3. Going by the pleadings in the writ petition, the petitioner entered service as Junior Lecturer in English at Marthoma College for Women, Perumbavoor, on 16.01.1987 and continued therein till 29.08.1987. She was further appointed as Junior Lecturer in the 6^th respondent College (‘the College’ for short) with effect from 01.01.1988. She was promoted to the post of Lecturer with effect from 01.06.1989. The petitioner was granted further promotion as Lecturer (Senior Grade) on 15.02.1995 and as Lecturer (Selection Grade) on 01.06.1999. She became an Associate Professor with aggregate grade pay (AGP) of Rs.9,000/- with effect from 01.07.2009. She was appointed as a Principal of the 6^th respondent College initially for a period of two years with effect from 01.04.2014 to 31.03.2016, and the said appointment was approved by the 5^th respondent University as per Ext.P1 order dated 28.01.2015. On expiry of the tenure of two years, the appointment was extended for a further period of three years from 01.04.2016 to 31.03.2019, which was approved by Ext.P2 order dated 15.05.2019 issued by the 5^th respondent University.

3.1. While the petitioner was continuing as Principal at the 6^th respondent College, the UGC Regulations 2018 were published as per the Gazette Notification dated 18.07.2018, in supersession to the UGC Regulations 2010. As per Regulation 4.V.B.(i) of the Regulations 2018, a College Principal shall be appointed for a period of five years, extendable for another term of five years on the basis of performance assessment by a committee appointed by the University constituted as per the Regulations. Regulation 4.V.B.(ii) of the UGC Regulations 2018 stipulates that on completion of the term as Principal, the incumbent shall join back his/her parent organisation with the designation as Professor and in the grade of Professor.

3.2. According to the petitioner, on completion of her tenure as Principal for five years from 01.04.2014 to 31.03.2019, she rejoined the English Department in the 6^th respondent College as Professor and in the grade of Professor. The Scheme of pay and fitness table of fixation of pay was laid down by the UGC in Appendix I to the Regulations 2018. The posts of Professor and Principal were to be in the AGP of Rs.10,000/- and were to be at the academic level 14. The rationalisation entry pay was fixed at Rs.1,44,200/- with a special allowance of Rs.3,000/- per month. The petitioner states that on completion of tenure as per Regulation 4.V, the petitioner was to join the department with the designation as Professor and in the grade of Professor. In other words, she contends that she would continue to receive the pay of the post of Principal, less the R