Kerala High Court
Reji K. Kollinal vs University Grants Commission (Ugc) on 20 December, 2014
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 21ST DAY OF MARCH 2018 / 30TH PHALGUNA, 1939
WP(C).No. 1715 of 2018
PETITIONER:
REJI K. KOLLINAL,
KOLLINAL HOUSE, MANEED P.O., ERNAKULAM, PIN-686726.
BY ADVS.SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SRI.K.PAUL KURIAKOSE
RESPONDENT(S):
1. UNIVERSITY GRANTS COMMISSION (UGC),
BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002, REPRESENTED
BY ITS REGISTRAR.
2. DEPUTY SECRETARY,
UNIVERSITY GRANTS COMMISSION (UGC), SOUTH WESTERN
REGIONAL OFFICE, PRASANNA KUMAR BLOCK, PALACE ROAD,
BANGALORE-560009.
3. THE EDUCATION OFFICER,
UNIVERSITY GRANTS COMMISSION (UGC), SOUTH WESTERN
REGIONAL OFFICE, PRASANNA KUMAR BLOCK, PALACE ROAD,
BANGALORE-560009.
4. THE MAHATMA GANDHI UNIVERSITY,
PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM, REPRESENTED
BY ITS REGISTRAR, PIN-686562.
R1 TO R3 BY SRI.S.KRISHNAMOORTHY, CGC
R4 BY SRI.ASOK M. CHERIAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 1715 of 2018 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1- PHOTOSTAT TRUE COPY OF UNIVERSITY ORDER
BEARING NO.6376/ACAX/2/PVL.REGN/GSTDS/2014 DATED
20/12/2014.
EXHIBIT P2- PHOTOSTAT TRUE COPY OF UNIVERSITY ORDER
BEARING NO.1817/2016/AX/2/ACADEMIC DATED
29/03/2016.
EXHIBIT P3- PHOTOSTAT TRUE COPY OF GUIDELINES ISSUED BY THE
1ST RESPONDENT FOR THE SCHEME OF FDP FOR
COLLEGES UNDER THE TWELFTH PLAN WITHOUT THE
PROFORMAS ANNEXED.
EXHIBIT P4- PHOTOSTAT TRUE COPY OF LETTER BEARING
NO.F.FIP/12TH PLAN/KLMG066TF 06 DATED 01/09/2015.
EXHIBIT P5- PHOTOSTAT TRUE COPY OF CORRIGENDUM BEARING
NO.F.FIP/12TH PLAN/KLMG066 DATED 24/09/2015.
EXHIBIT P6- PHOTOSTAT TRUE COPY OF LETTER BEARING NO.F
1/37542/2015/COLL. EDN. DATED 18/11/2015.
EXHIBIT P7- PHOTOSTAT TRUE COPY OF JOINING REPORT OF THE
PETITIONER FOR TEACHER FELLOWSHIP UNDER THE
FDP.
EXHIBIT P8- PHOTOSTAT TRUE COPY OF CERTIFICATE ISSUED BY
THE RESEARCH SUPERVISOR/GUIDE.
EXHIBIT P9- PHOTOSTAT TRUE COPY OF NO OBJECTION
CERTIFICATE DATED 10/10/2017.
EXHIBIT P10- PHOTOSTAT TRUE COPY OF LETTER DATED 22/11/2017
ISSUED BY THE DIRECTOR OF COLLEGE DEVELOPMENT
COUNCIL OF THE 4TH RESPONDENT.
EXHIBIT P11- PHOTOSTAT TRUE COPY OF ANNEXURE-III TO EXHIBIT
P3, WHICH IS THE PRO-FORMA FOR THE FACILITY
CERTIFICATE.
EXHIBIT P12- PHOTOSTAT TRUE COPY OF UNIVERSITY ORDER
U.O.NO.448/AX/3/2017/ACADEMIC DATED 24/01/2017.
EXHIBIT P13- PHOTOSTAT TRUE COPY OF LETTER DATED 06/04/2017
ISSUED BY THE SAID MR.SAJI GEORGE UNDER THE
RIGHT TO INFORMATION ACT.
EXHIBIT P14- PHOTOSTAT TRUE COPY OF LETTER DATED 22/12/2017
ISSUED BY THE 1ST RESPONDENT.
WP(C).No. 1715 of 2018 (L)
EXHIBIT P15- PHOTOSTAT TRUE COPY OF UGC (MINIMUM
STANDARDS AND PROCEDURE FOR
AWARD OF M.PHIL/PH.D.DEGREES) REGULATION, 2016.
EXHIBIT P16- PHOTOSTAT TRUE COPY OF APPLICATION DATED
07/10/2017 WITHOUT THE ENCLOSURES ATTACHED
THERETO.
EXHIBIT P17- PHOTOSTAT TRUE COPY OF LETTER BEARING
NO.F.132/GRIEVANCE/UGC-SWRO/2018 DATED 03/01/2018
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P18- PHOTOSTAT TRUE COPY OF PUBLIC NOTICE ISSUED BY
THE 1ST RESPONDENT BEARING NO.F.22-4/2016(FD-I/B)
DATED 29/03/2017.
RESPONDENT'S EXHIBIT NIL
/TRUE COPY/
PA TO JUDGE
PBS
26/3/2018
ANIL K. NARENDRAN, J.
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W.P.(C) No.1715 of 2018
---------------------------------------------
Dated this the 21st day of March, 2018
JUDGMENT
The petitioner, who is working as Assistant Professor in the Department of Computer Applications in Baselios Poulose II Catholicos College, Piravom, who had applied for registration for Research Programme in the academic year 2014-2015, is before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to expedite further proceedings pursuant to Ext.P16 application and to extend his Teacher Fellowship under Faculty Development Programme for completing his Ph.D. Degree. The petitioner has also sought for other consequential reliefs.
2. On 17.01.2018, when this writ petition came up for admission, the learned counsel for respondents 1 to 3 sought time to get instructions. The matter was listed to 08.02.2018, W.P.(C) No.1715 of 2018 :-2-:
for further consideration. It was ordered that, in the meanwhile, the respondents shall permit the petitioner to continue the Teacher Fellowship under Faculty Development Programme, without break, provisionally and subject to further orders in the writ petition.
3. Today, when this writ petition is taken up for further consideration, it is submitted by the learned Standing Counsel for the University Grants Commission, representing respondents 1 to 3, that the 2 nd respondent shall take a decision on Ext.P16 application made by the petitioner, within a period of three weeks and till such time, the interim order granted by this Court may be extended.
4. Heard the learned counsel for the petitioner and also the learned Standing Counsel appearing for UGC representing respondents 1 to 3.
5. In such circumstances, without going into the merits of the case, this writ petition is disposed of by directing the 2nd respondent to consider and pass appropriate orders on Ext.P16 application made by the petitioner for extension of the Teacher Fellowship under the W.P.(C) No.1715 of 2018 :-3-:
Faculty Development Programme, strictly in accordance with law, with notice to the petitioner and after affording him an opportunity of being heard, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a certified copy of this judgment.
6. The interim order granted by this Court on 17.01.2018 shall continue to be in force till such orders are passed by the 2nd respondent.
All legal and factual contentions raised by the petitioner are left open to be raised before the 2 nd respondent at appropriate stage.
Sd/-
ANIL K. NARENDRAN JUDGE bpr //TRUE COPY// P.A. TO JUDGE