Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 19098

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Suresh Kumar, N. Senthilkumar, JJ
The Registrar – Appellant
Versus
V. Vaithiyanathan – Respondent
WA No. 615 of 2026 | CMP No. 5838 of 2026

Advocates:
For the Appellants/Petitioners: P. Godson Swaminath
For the Respondents: M. R. Jothimanian

Active service spent pursuing a Ph.D. degree without availing leave counts as teaching experience for direct recruitment and promotion under the Career Advancement Scheme (CAS), as per UGC clarifications.

Headnote:The case involves the interpretation of the UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010, specifically regarding the counting of service for promotion under the Career Advancement Scheme (CAS). A faculty member sought to count the period of active service spent pursuing a part-time Ph.D. as teaching experience for promotion to Associate Professor. The court found that the university's refusal to count this period contradicted the guidelines issued by the regulatory body. The primary issue is whether the period of active service spent in pursuing a Ph.D. can be counted as teaching experience for promotion to the post of Associate Professor and Professor. The court reasoned that according to the clarification issued by the University Grants Commission on 01.03.2016, the period of active service spent by a candidate while pursuing a research degree may be counted for direct recruitment and promotion under the Career Advancement Scheme (CAS), provided no leave was availed. In view of the above discussions, the Writ Appeal is devoid of merits and is hereby dismissed.

For Appellant: Mr.P.Godson Swaminath

for M/s.Isaac Chambers

For Respondent(s): Mr.M.R.Jothimanian (for R1)

JUDGMENT

(Judgment of the Court was delivered by N.Senthilkumar J.)

The Appeal has been filed to set aside the order dated 29.10.2025 made in WP No.27715 of 2019.

The case of the Appellant is that the Writ Court erred in holding that the 1st respondent is entitled to count the period of service undergone during his part time Ph.D., without appreciating that the said period had already been counted for the purpose of promotion under the Career Advancement Scheme (CAS). The Writ Court failed to consider that the 1st respondent registered for the Ph.D. programme as a part time scholar on 23.11.2005 and completed the same only on 28.05.2014, after nearly eight years with several extensions and frequent leaves. The Writ Court also failed to take into consideration the finding of the scrutiny committee constituted by the appellant University, which concluded that the UGC letter dated 01.03.2016 is not applicable to the 1st respondent. The Writ Court further misconstrued Clause 10.1 of the UGC Regulations, 2010. Hence the Appeal.

In view of the order that is going to be passed in this Appeal at the admission stage, notice to the 2nd respondent is dispensed with.

Mr.Godson Swaminath, learned counsel appearing on behalf of the Appellant submitted that the first respondent was appointed as an Assistant Professor in the Department of Economics on 24.06.2005. Thereafter he registered himself to pursue a Ph.D. degree on a part time basis on 14.10.2005. On 23.02.2006, the Appellant granted permission to the 1st respondent to pursue the Ph.D. degree, subject to the condition that he would serve as Lecturer for a minimum period of three years after registration for the Ph.D. The prescribed period for completion of the Ph.D. is six years from the date of registration. The 1st respondent submitted his thesis for the award of the Ph.D. degree on 16.09.2013.

The learned counsel for the Appellant relied upon Appendix III, Table III of the UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010, the relevant portion is usefully extracted hereunder:

S.No.	Promotion of Teachers	Service requirement	Minimum Academic Performance requirements and screening/selection criteria
1	Assistant Professor/equivalent from Stage 1 to Stage 2	completed four years of service with Ph.D. or five years of service without Ph.D / M.Phil / PG Degree in Professional courses	(i) Minimum API scores using PBAS scoring proforma developed by the concerned University as per the norms provided in Table II (A)/II(B) of Appendix III. (ii) One Orientation and one Refresher / Research Methodology Course of 2/3 weeks duration. (iii) Screening cum Verification process for recommending promotion.
2	Assistant Professor/equivalent from Stage 2 to Stage 3	completed service of five years in Stage 2.	(i) Minimum API scores using the PBAS scoring proforma developed by the concerned University as per the norms provided in Table II(A)/II(B) of Appendix III. (ii) One course / programme from among the categories of refresher courses, methodology workshops, Training, Teaching-Learning-Evaluation Technology Programmes, Soft Skills development Programmes and Faculty Development Programmes of 2/3 week duration. (iii) Screening cum Verification process for recommending promotion.
3	Assistant Professors (Stage 3) to Associate Professor (Stage 4)	three years of completed service in Stage 3.	(i) Minimum API scores using the PBAS scoring proforma developed by the concerned university as per the norms provided in Table II (A)/II(B) of Appendix III. (ii) At least three publications in the entire period as Assistant Professor (twelve years). However, in the case of College teachers, an exemption of one publication will be given to M. Phil. holders and an exe

S.No.

Promotion of Teachers

Service requirement

Minimum Academic Performance requirements and screening/selection criteria

Assistant Professor/equivalent from Stage 1 to Stage 2

completed four years of service with Ph.D. or five years of service without Ph.D / M.Phil / PG Degree in Professional courses

(i) Minimum API scores using PBAS scoring proforma developed by the concerned University as per the norms provided in Table II (A)/II(B) of Appendix III.

(ii) One Orientation and one Refresher / Research Methodology Course of 2/3 weeks duration.

(iii) Screening cum Verification process for recommending promotion.

Assistant Professor/equivalent from Stage 2 to Stage 3

completed service of five years in Stage 2.

(i) Minimum API scores using the PBAS scoring proforma developed by the concerned University as per the norms provided in Table II(A)/II(B) of Appendix III.

(ii) One course / programme from among the categories of refresher courses, methodology workshops, Training, Teaching-Learning-Evaluation Technology Programmes, Soft Skills development Programmes and Faculty Development Programmes of 2/3 week duration.

(iii) Screening cum Verification process for recommending promotion.

Assistant Professors (Stage 3) to Associate Professor (Stage 4)

three years of completed service in Stage 3.

(i) Minimum API scores using the PBAS scoring proforma developed by the concerned university as per the norms provided in Table II (A)/II(B) of Appendix III.

(ii) At least three publications in the entire period as Assistant Professor (twelve years). However, in the case of College teachers, an exemption of one publication will be given to M. Phil. holders and an exe

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2026 Supreme(Online)(Mad) 19098

IN THE HIGH COURT OF JUDICATURE AT MADRASR. Suresh Kumar, N. Senthilkumar, JJThe Registrar – AppellantVersusV. Vaithiyanathan – RespondentWA No. 615 of 2026 | CMP No. 5838 of 2026

Active service spent pursuing a Ph.D. degree without availing leave counts as teaching experience for direct recruitment and promotion under the Career Advancement Scheme (CAS), as per UGC clarifications.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Suresh Kumar, N. Senthilkumar, JJ
The Registrar – Appellant
Versus
V. Vaithiyanathan – Respondent
WA No. 615 of 2026 | CMP No. 5838 of 2026