Remanded

Dr. Thomas George Cmi v. the University Grants Commission

Kerala HC25 Sept 2018WP(C)/5204/2018

Case brief

AI extract

What is this about?

A writ petition by ten Assistant Professors seeking promotion without mandatory refresher or orientation courses. The court directed the University and State to decide promotion cases within two months as per the UGC 2018 regulations.

What did the court decide?

Direction to the University to decide on promotion consideration within two months as per UGC Regulations 2018.

Dr. Thomas George Cmi Vs the University Grants… — Education and Admissions | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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TUESDAY, THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940

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WP(C).No. 5204 of 2018

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PETITIONERS:

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1 DR. THOMAS GEORGE CMI S/O.GEORGE V.U, ST.JOSEPH'S MONASTRY, ARAKULAM P.O., IDUKI - 685 591 WORKING AS ASSISTANT PROFESSOR IN PHYSICAL EDUCATION, ST.JOSEPH'S COLLEGE, MOOLAMATTOM, ERNAKULAM DISTRICT.

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2 ANDREWS T. S/O.THOMAS, VADAKKEDOM, NEDUMUDY P.O., ATTUVATHALA, ALAPPUZHA - 695 503 ASSISTANT PROFESSOR IN P.G. DEPARTMENT OF COMMERCE, BAM COLLEGE, THURUTHICAD, MALLAPPALLY, PATHANAMTHITTA 689 597.

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3 PREETHA RACHEL GEORGE W/O.BENNY MATHEWS P., PANAKKAL, R.S.P.O., THIRUVALLA, PATHANAMTHITTA, ASSISTANT PROCESSOR IN STATISTICS, MAR THOMA COLLEGE, THIRUVALLA, PATHANAMTHITTA DISTRICT.

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4 MINI THOMAS W/O.SUNNY JOHN, KURICHET ERAMALLADIL, NEAR SCS JUNCTION, THIRUVALLA-1, PATHANAMTHITTA DISTRICT, ASST. PROFESSOR IN MARTHOMA COLLEGE, THIRUVALLA, PATHANAMTHITTA DISTRICT.

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5 BENNICHEN SCARIA S/O.SCARIA PUTHIAPARAMPIL, ASSISTANT PROFESSOR (MALAYALAM)PAVANATMA COLLEGE, MURICKASSERY 686 504 IDUKKI DISTRICT.

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6 JOSEPHINE JOSEPH

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D/O.JOSEPH L.PUTHUSSERY, CARMELITE PROVINCIAL HOUSE, KOVILVATTOM ROAD, ERNAKULAM, KOCHI 35, ASST. PROFESSOR IN PHYSICAL SCIENCE EDUCATION (STAGE I) ST. JOSEPH COLLEGE OF TEACHER EDUCATION FOR WOMEN, ERNAKULAM DISTRICT.

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7 DR.RAJU THOMAS K. KURATHUKULANGARA HOUSE, ELATHURUTH P.O,. THRISSUR 680 611, ASST. PROFESSOR IN ZOOLOGY, MAR THOMA COLLEGE, TIRUVALLA, PATHANAMTHITTA DISTRICT.

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WP(C).No. 5204 of 2018

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8 FRANCIS MICHAEL JEEVAJYOTHI MUVATTUPUZHA 686 661, ASST. PROFESSOR IN NIRMALA COLLEGE, MUVATTUPUZHA, ERNAKULAM DISTRICT.

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9 DR.ANNIE THOMAS W/O.SUNNY K.GEORGE, KARUNNATTU HOUSE, PUTHUPADY P.O., MUVATTUPUZHA KERALA 686 673, ASST. PROFESSOR (MALAYALAM) NIRMALA COLLEGE, MUVATTUPUZHA, ERNAKULAM DISTRICT.

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10 SR.DR.BIJI M.P CHRISTURAJA CONVENT, PERUMBAVOOR P.O., 683 542 ASST. PROFESSOR (MALAYALAM)NIRMALA COLLEGE, MUVATTUPUZHA, ERNAKULAM DISTRICT.

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11 RONY K.BABY S/O.MATHEW JOSEPH, KUNNEL HOUSE, ARAKKAL P.O., KANJIRAPPALLY, ASST. PROFESSOR, DEPARTMENT OF POLITICAL SCIENCE, ST.DOMINIC COLLEGE, KANJIRAPPALLY, KOTTAYAM DISTRICT.

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BY ADV. SRI.GEORGE POONTHOTTAM

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RESPONDENTS:

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1 THE UNIVERSITY GRANTS COMMISSION (UGC) BAHADUR SHAH ZAFAR MARG, ITO, METRO GATE NO.3, NEW DELHI - 110 002, REPRESENTED BY ITS SECRETARY.

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2 THE MAHATMA GANDHI UNIVERSITY

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PRIYADARSINI HILLS, ATHIRAMPUZHA P.O.,

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KOTTAYAM - 686 560, REPRESENTED BY ITS REGISTRAR.

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3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM - 686 001

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4 THE STATE OF KERALA DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001 REPRESENTED BY ITS SECRETARY.

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BY ADVS. SRI.S.KRISHNAMOORTHY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY SRI.S.GOPINATHAN GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5204 of 2018

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JUDGMENT

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The petitioners, who are working as Assistant Professors, confined their relief for consideration for the promotion as Assistant Professor Grade II and III and Associate Professors from the date on which they are qualified, without insisting on refresher course or orientation course. Petitioners refers to Ext.P8 UGC Regulations on Minimum Qualifications For Appointment of Teachers and Other Academic Staff in Univiersities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018, issued by the University Grants Commission dated 18.07.2018.

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2. Considering the facts and circumstances of the case, I am of the view that the University, after adverting to Ext.P8 regulations shall take appropriate decision, in accordance with law, within a period of two months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No. 5204 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 1ST 01/01/2004
EXHIBIT P1 A	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 2ND 29/05/2013
EXHIBIT P1 B	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 3RD 26/9/2000
EXHIBIT P1 C	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 4TH 7/12/2004
EXHIBIT P1 D	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 5TH 01/02/2006
EXHIBIT P1 E	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 6TH 23/2/2007
EXHIBIT P1 F	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 7TH 23/01/2008
EXHIBIT P1 G	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 8TH 28/11/2008
EXHIBIT P1 H	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 9TH 05/12/2008
EXHIBIT P1 I	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 10TH 28/11/2008
EXHIBT P1 J	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 11TH 02/08/2004
EXHIBIT P2	TRUE COPY OF THE 02/08/2004 PASSED	ORDER NO.AC.B1/2/141/04 DATED BY THE UNIVERSITY
EXHIBIT P2 A	TRUE COPY OF THE III/2000 DATED 1/	ORDER NO.AC.B1/9/1065/VOL 03/2001 PASSED BY THE UNIVERSITY
EXHIBIT P2 B	TRUE COPY OF THE DATED 27/7/2011 P	ORDER NO.4138/AC.BV/1/1/101/2011 ASSED BY THE UNIVERSITY
EXHIBIT P2 C	TRUE COPY OF THE 14/10/2009 PASSED	ORDER NO.4449/BI/2009/ACAD DATED BY THE UNIVERSITY
EXHIBIT P2 D	TRUE COPY OF THE 5/08/2009 ISSUED COLLEGIATE EDUCAT	ORDER NO.B3/2951/09 DATED BY THE DEPUTY DIRECTOR OF ION

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WP(C).No. 5204 of 2018

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EXHIBIT P2 E TRUE COPY OF THE ORDER NO.1921/D1/2008/ACAD DATE 8/5/2008 PASSED BY THE UNIVERSITY EXHIBIT P2 F TRUE COPY OF THE ORDER NO.533/BI/3246A/05 DATED 8/2/2008 PASSED BY THE UNIVERSITY EXHIBIT P2 G TRUE COPY OF THE ORDER NO.AC.BI/1/3246A/05 DATED 21/10/2005 PASSED BY THE UNIVERSITY EXHIBIT P2 H TRUE COPY OF THE ORDER NO.1281/B1/2009/ACAD DATED 23/03/2009 PASSED BY THE UNIVERSITY EXHIBIT P2 I TRUE COPY OF THE ORDER NO.D1/6124/2011 DATED 06/03/2012 PASSED BY THE 3RD RESPONDENT EXHIBIT P2 J TRUE COPY OF THE ORDER NO.1281/B1/2009/ACAD DATED 23/3/2009 PASSED BY THE UNIVERSITY EXHIBIT P2K TRUE COPY OF THE ORDER NO.2170/B1/ACAD/2017 DATED 19/4/2017 PASSED BY THE UNIVERSITY EXHIBIT P3 TRUE COPY OF THE APPENDIX III, TABLE III EXHIBIT P4 TRUE COPY OF THE ORDER DATED 13/10/2017 PASSED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION EXHIBIT P4(A) TRUE COPY OF THE ORDER NO.6115/B5/2/2017/ACAD DATED 17/10/2017 PASSED BY THE UNIVERSITY EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.1-2/2009 (EC/PS) PT.VIII ISSUED BY THE UGC IN DECEMBER 2012 EXHIBIT P6 TRUE COPY OF THE RELEVANT PORTION OF THE REPORT OF THE UGC PAY REVIEW COMMITTEE. EXHIBIT P7 TRUE COPY OF THE COMMUNICATION NO.A.C.B 5/1/570/2017 DATED 29/6/2017 EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGE OF THE 2018 REGULATIONS DATED 18.07.2018

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RESPONDENTS' EXHIBITS: NIL

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SKK/ad/231018

Dr. Thomas George Cmi v. the University Grants Commission

Case brief

What is this about?

What did the court decide?

Dr. Thomas George Cmi v. the University Grants Commission

Case brief

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