Kerala High Court
Dr.K.K.Sarala vs The Union Of India on 14 July, 1993
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 17TH DAY OF NOVEMBER 2017/26TH KARTHIKA, 1939
WP(C).No. 12786 of 2011 (W)
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PETITIONER(S) :
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DR.K.K.SARALA, LECTURER,
CALICUT ADARSHA SANSKRIT VIDYAPEETHA,
BALUSSERRY, CALICUT.
BY ADVS. SRI.R.PARTHASARATHY
SRI.ELVIN PETER P.J.
RESPONDENT(S) :
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1. THE UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF HUMAN
RESOURCES DEVELOPMENT, DEPARTMENT OF EDUCATION,
GOVERNMENT OF INDIA, NEW DELHI.
2. THE VICE CHANCELLOR,
RASHTRIYA SANSKRIT SANSTHAN, NEW DELHI.
3. RASHTRIYA SANSKRIT SANSTHAN,
DEEMED UNIVERSITY, REPRESENTED BY ITS REGISTRAR, 56-57,
INSTITUTIONAL AREA, JANAKAPURI, NEW DELHI-110 058.
4. THE CALICUT ADARSHA SANSKRIT VIDYAPEETHA
REPRESENTED BY THE CHAIRMAN OF THE MANAGING
COMMITTEE, BALUSSERY, CALICUT.
5. THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM.
R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R2 & R3 BY ADV. SRI.N.M.MADHU,SC,RASHTRIYA SANKRI SD UT
R4 BY ADV. SMT.O.M.SHALINA
R5 BY GOVERNMENT PLEADER SRI.RON BASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30-10-2017, ALONG WITH W.P(C).NO. 7100 OF 2012 AND
CONNECTED CASES, THE COURT ON 17-11-2017 DELIVERED
THE FOLLOWING:
Msd.
WP(C).No. 12786 of 2011 (W)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1: TRUE COPY OF THE ORDER DATED 14.07.1993 ISSUED BY
THE 1ST RESPONDENT APPOINTING THE PETITIONER AS POST
GRADUATE TEACHER.
EXHIBIT P2: TRUE COPY OF THE PROCEEDINGS OF THE CHAIRMAN,
MANAGING COMMITTEE, CALICUT ADARSHA SANSKRIT
VIDYAPEETH APPOINTING PETITIONER AS LECTURER IN
VEDANTHA DATED 19.07.2006.
EXHIBIT P3: TRUE COPY OF THE SCHEME FOR ESTABLISHMENT OF
ADARSHA SANSKRIT VIDYAPEETHAS.
EXHIBIT P4: TRUE COPY OF THE JUDGMENT IN O.P.NO. 2413/1988
DATED 05.03.1990.
EXHIBIT P5: TRUE COPY OF JUDGMENT IN W.A.NO. 431/1990 DATED 26.06.1991.
EXHIBIT P6: TRUE COPY OF THE GUIDELINES ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P7: TRUE COPY OF THE SCHEME ISSUED BY 1ST RESPONDENT.
EXHIBIT P8: TRUE COPY OF THE DRAFT RULES FRAMED BY
THE 4TH RESPONDENT.
EXHIBIT P9: TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P10: TRUE COPY OF THE INTERIM ORDER DATED 17.07.2008 IN
W.P(C).NO. 34043/2006.
EXHIBIT P11: TRUE COPY OF THE COMMON JUDGMENT IN
W.P(C).NO. 34043/2006 AND OTHERS DATED 26.08.2008.
EXHIBIT P12: TRUE COPY OF THE REPRESENTATION DATED 18.10.2008
SUBMITTED BEFORE THE 4TH RESPONDENT.
EXHIBIT P12(A): TRUE COPY OF THE LETTER DATED 26.02.2013 SENT BY
THE 2ND RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT P12(B): TRUE COPY OF THE ORDER OF THE HONOURABLE COURT
DATED 10.04.2013.
EXHIBIT P12(C): TRUE COPY OF THE EXTRACT OF THE REPORT FORWARDED
BY THE 4TH RESPONDENT TO THE PETITIONER.
EXHIBIT P12(D): TRUE COPY OF THE REVIEW COMMITTEE REPORT
DATED 19.11.2013.
WP(C).No. 12786 of 2011 (W)
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EXHIBIT P12(E): TRUE COPY OF THE NOTIFICATION ISSUED BY
THE 3RD RESPONDENT DATED 22.11.2013.
EXHIBIT P13: TRUE COPY OF THE SERVICE RULES IN SO FAR AS THE SERVICE
RULES APPLICABLE TO THE EMPLOYEES OF
THE 3RD RESPONDENT.
EXHIBIT P14: TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT
OF INDIA DATED 23.03.2007.
EXHIBIT P15: TRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HONOURABLE COURT IN W.P(C).NO. 12594/2010
DATED 08.04.2010.
EXHIBIT P16: TRUE COPY OF THE INTERIM ORDER PASSED BY DIVISION BENCH
IN W.P(C).NO. 34043/2006 DATED 29.03.2011.
EXHIBIT P17: TRUE COPY OF THE JUDGMENT IN W.P(C).NO. 34043/2006 AND
CONNECTED CASES DATED 15.06.2011.
EXHIBIT P18: TRUE COPY OF THE REVISED SCHEME FRAMED BY
THE 2ND RESPONDENT DATED 29.06.2012.
EXHIBIT P19: TRUE COPY OF THE LETTER DATED 30.07.2012 SENT BY
THE ACTING PRINCIPLE TO THE 3RD RESPONDENT.
EXHIBIT P20: TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 3RD RESPONDENT DATED 30.10.2012.
EXHIBIT P21: TRUE COPY OF THE ORDER CANCELLING EXT.P20 ORDER
ISSUED BY THE 3RD RESPONDENT DATED 28.12.2012.
EXHIBIT P22: TRUE COPY OF THE RELEVANT PAGES OF UGC REGULATION
2000 DATED 04.04.2000.
EXHIBIT P23: TRUE COPY OF THE UNIVERSITY GRANTS COMMISSION
(MINIMUM QUALIFICATIONS REQUIRES FOR THE APPOINTMENT
AND CAREER ADVANCEMENT OF TEACHERS IN UNIVERSITIES
AND INSTITUTIONS AFFILIATED TO IT) (1ST AMENDMENT)
REGULATIONS 2002 DATED 31.07.2002.
EXHIBIT P24: TRUE COPY OF THE RELEVANT PAGES OF UGC REGULATION 2010
EXHIBIT P25: TRUE COPY OF ORDER DATED 30.11.2011 OF PRINCIPAL,
ADARSHA SANSKRIT VIDYAPEETHA GRANTING FIXATION OF PAY
TO THE PETITIONER UNDER THE UGC SCALE OF PAY IN
THE CATEGORY OF ASSISTANT PROFESSOR IN THE REVISED UGC
SCALE OF RS.15600-39100 PLUS ANNUAL GRADE PAY OF
RS.6000/-.
EXHIBIT P26: TRUE COPY OF RELEVANT EXTRACT OF G.O. DATED 27.03.2010
ISSUED BY THE GOVERNMENT OF KERALA.
WP(C).No. 12786 of 2011 (W)
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EXHIBIT P27: TRUE COPY OF ORDER DATED 10.03.2015 IN W.P(C).NO. 1890/2013
OF THIS HON'BLE COURT.
RESPONDENT(S)' EXHIBITS :
EXHIBIT R2(A): TRUE COPY OF THE REPORT AND PROCEEDINGS OF
THE REVIEW SCREENING COMMITTEE IN RESPECT OF
THE ADARSH MAHAVIDYALA, OONA, HIMACHAL PRADESH.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.MUHAMED MUSTAQUE, J.
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W.P.(C) Nos.12786/2011, 7100/2012,
1890 & 6752/2013 & 122/2014
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Dated this the 17th day of November, 2017
JUDGMENT
In these bunch of writ petitions, this Court has to consider the impact of the scheme for financial assistance to institutions recognized as Adarsha Sanskrit Maha Vidyalayas/Adarsh Shodha Sansthans upon the existing academy staffs of such Vidyalayas. In the light of the common question as above, it is appropriate to dispose of all these cases by a common judgment though each case may require consideration on merits based on the facts therein.
2. The petitioners are academic staffs working in the Calicut Adarsha Sanskrit Vidyapeetha. This Vidyapeetha was established three decades ago as seen from the history of litigation by the teaching and non-teaching staffs from 1988 onwards. The Vidyapeetha is a recipient of grant-in-aid to meet recurring expenditure up to 95%. This grant-in-aid was provided by the Government of India. The teaching and non-teaching staffs W.P.(C) No.12786/2011 & conn.cases 2 approached this Court on several occasions seeking direction against the Union of India and other authorities to frame rules and regulations governing service conditions. This was ultimately fructified pursuant to the directions of this Court in W.A.No.1459/2006 and connected matters. The above Vidyapeetha is affiliated to Rashtriya Sanskrit Sansthan, a deemed University. The University in supersession of all previous schemes for financial assistance to Institutions recognized as Adarsha Sanskrit Maha Vidyalayas/Adarsh Shodha Sansthans formulated a scheme dated 29.06.2012. This got approval from the Union Government.
3. The Scheme introduced in the year 2012 would also apply to Calicut Adarsha Sanskrit Vidyapeetha. The scheme laid down the structure of the Vidyapeetha and staff pattern of such Vidyapeetha. It is appropriate to refer service conditions applicable to teaching and non-teaching staffs of the Vidyapeetha. The service conditions as follows:
"44. All persons employed on teaching as well as non-teaching posts in the institutions receiving W.P.(C) No.12786/2011 & conn.cases 3 financial assistance under this scheme shall be the employees of that particular institution, and not of the Government of India/Rashtriya Sanskrit Sansthan. Merely that they are supported substantially by the Rashtriya Sanskrit Sansthan, they would not for any purpose be compared with the employees of the Government of India or the Rashtriya Sanskrit Sansthan under any circumstances.
45. All the new teachers and non-teaching staff of the ASM/ASS will be recruited following the procedure laid down and through the Selection Committee prescribed by the prevalent UGC regulations on the subject. They will have to essentially possess qualifications prescribed by the UGC. The eligibility and suitability of all the existing teaching/non-teaching staff will be examined in the light of the UGC regulations. If they are found eligible. Then they will be given UGC scale with the approval of the RSKS. Their subsequent promotion will depend on their being found suitable under the UGC Regulations. Those existing employees, who are not eligible as per the existing UGC Regulations will continue to get the existing pay admissible under the old scheme.
4. As seen from the service conditions, there are two classes of academic staffs engaged in the teaching post. The first W.P.(C) No.12786/2011 & conn.cases 4 class is, the teaching staff who fulfilled the UGC Regulations and the other class is, the teaching staff who did not fulfill the UGC Regulations. In so far as the teaching staffs who fulfilled the UGC Regulations are entitled to continue up to the age of 65 and those have not fulfilled UGC Regulations will have to retire on par with retirement age applicable in the State based on the old scheme. In these writ petitions, the sole issue to be considered is whether the petitioners will have to be covered by the UGC Regulations or not.
5. W.P.(C) No.12786 of 2011 is filed by Dr.K.K.Sarala. A Screening Committee was constituted to screen the qualification of Dr.K.K.Sarala. She entered in the service of the Calicut Adarsha Sanskrit Vidyapeetha as early as on 19.7.1993. The Screening Committee found that she is not eligible for placement in this revised replacement scale in view of the non-fulfillment of the recruitment qualification prescribed under the UGC Regulations 2010 (Non-possession of NET qualification required).
6. W.P.(C) No.1890 of 2013 is filed by Dr.V.Sathiavathy. She joined in the service of Calicut Adarsha Sanskrit Vidyapeetha on 03.12.1980. She was not found eligible for up-gradation on W.P.(C) No.12786/2011 & conn.cases 5 following reasons:
"Not eligible for placement in the revised scale of pay in view of non-fulfilment of recruitment qualification prescribed for revised replacement scale of 15600-39100 with AGP of Rs.8000 for the post of Selection Grade (Reader/Associate Professor) in consonance with provisions made in Revised Scheme for Adarsh Sanskrit Mahavidyalaya, 2012 read in conjunction with UGC Regulations, 2010 and as indicated in Appendix-I."
7. W.P.(C) Nos.7100 of 2012, 6752 of 2013 and 122 of 2014 are filed by Sri.S.Vicraman, who joined as teaching staff of the Calicut Adarsha Sanskrit Vidyapeetha on 13.3.1983. Vicraman acquired Ph.D. only on 12.7.2013. He does not fulfill minimum qualifications for appointment of teachers and other academic staff in Universities and Colleges and measures for the maintenance of standards in higher education dated 30.6.2010 prescribed by the UGC. The University was of the view that Vicraman cannot get the benefit of UGC Regulations and he is governed by the old scheme. It is to be noted that as per the retirement age applicable under the State Government he had to W.P.(C) No.12786/2011 & conn.cases 6 retire on 30.4.2010. He acquired Ph.D. qualification only on 12.7.2013.
8. As seen from the scheme, this would apply to the existing staff as well as for the future recruitment. Thus, the scheme would apply for the past, present and future. Thus, those who fulfills the UGC Regulations during their tenure and they would have the benefit of such Regulation. Dr.Sarala acquired Ph.D. in the year 1995. Dr.Sathiavathy acquired Ph.D. On 25.6.2004.
9. The UGC Regulations made some distinction between direct recruitment and the teaching staff already in service. In the light of the scheme formulated by Sansthan as adverted above, the UGC Regulations would apply to existing teaching staff as well as non-teaching staffs. In the matter of Dr.Sarala and Dr.Sathiavathy, the Screening Committee referred to recruitment qualification to hold that they are not eligible for up-gradation. The direct recruitment regulation as such cannot have an application in the matter of Dr.Sarala and Dr.Sathiavathy. The UGC, in fact, had given exemption to the existing teachers from acquiring NET W.P.(C) No.12786/2011 & conn.cases 7 qualification as per the notification dated 31.7.2002. Dr.Sarala acquired Ph.D. on 29.4.1995. Dr.Sarala was initially appointed as Post-graduate Teacher(Sanskrit) in the year 1993. She was appointed as Lecturer only in the year 2006. This appointment was pursuant to a notification. UGC Regulations 2000 governing minimum qualifications for appointment as lecturers provides as follows:
"NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D. degree. However, the candidate who have completed M.Phil. degree or have submitted, Ph.D. thesis in the concerned subject up to 31st December, 1993, are exempted from appearing in the NET examination."
10. This was amended in the year 2002. The amendment was produced as Ext.P23 in W.P.(C) No.12786/2011 provides as follows:
"NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D. degree. However, the candidate who have completed M.Phil degree by 31st December, 1993 or have submitted Ph.D. thesis to the university in the W.P.(C) No.12786/2011 & conn.cases 8 concerned subject on or before 31st December, 2002 are exempted from appearing in the NET examination. In case such candidates fail to obtain Ph.D. Degree, they shall have to pass the NET examination."
11. Clause 3.3.1 of the UGC Regulations 2010, produced as Ext.P24 in W.P.(C) No.12786/2011 is as follows:
"NET/SLET/SET shall remain the minimum eligibility condition for recruitment and appointment of Assistant Professors in Universities/Colleges/Institutions.
Provided however, that candidates, who are or have been awarded a Ph.D. Degree in accordance with the University Grants Commission(Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions."
12. It is to be noted that in Clause 6.4.0. of the UGC Regulations 2010 provides stages of promotion under career advancement scheme of incumbent and newly appointed W.P.(C) No.12786/2011 & conn.cases 9 assistant professors/associate professors/professors. Dr.Sarala was appointed as Assistant Professor on 21.7.2006. She acquired Ph.D. in the year 1995. Therefore, her claim for up-gradation shall be considered in terms of Clause 6.4.0 of the UGC Regulations 2010. She will be entitled to all monetary benefits in terms of the Scheme. This shall be considered within two months.
13. In the matter of Dr.Sathiavathy, she acquired Ph.D. in the year 2004 and she had acquired M.Phil in the year 1978. Therefore, she need not possess the qualification of NET. She was first time appointed as associate professor in the year 2006. This has to be considered under Clause 6.4.0 of the UGC Regulations 2010. Thus, Dr.Sarala and Dr.Sathiavathy are entitled to continue upto the age of 65. Their claim for the revised scale of pay and placement under Clause 6.4.0 shall consider within a period of two months. The necessary monetary benefits shall be released to them without any delay.
14. It is to be noted that Dr.Sarala and Dr.Sathiavathy cannot be treated as new recruitees, so as to apply the recruitment and qualification as applicable in the direct recruitment. W.P.(C) No.12786/2011 & conn.cases 10
In the matter of S.Vicraman, it is to be noted that he acquired Ph.D. qualification only on 12.7.2013. He, therefore, ought to have retired as per the old scheme on par with the retirement age of the State Government on 30.4.2012. Since Vicraman does not possess any qualification for continuation under the UGC norms as on the introduction of the scheme of the Sansthan approved by the Union Government in accordance with the UGC Regulations, he could not have continued beyond on 30.4.2012. He must possess all requisite qualification as per the UGC Regulations before implementation of the scheme of the Sansthan. Therefore, the writ petitions filed by him are liable to be dismissed holding that he is not entitled to the benefit of the UGC Regulations. Thus, W.P.(C) Nos.12786 of 2011 and 1890 of 2013 are allowed and W.P. (C) Nos.7100 of 2012, 6752 of 2013 and 122 of 2014 are dismissed. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln