Kerala High Court
Dr.Divya Mary Daise.S vs Mahatma Gandhi University on 13 January, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:2259
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF JANUARY 2026 / 23RD POUSHA, 1947
WP(C) NO. 25526 OF 2025
PETITIONER:
DR.DIVYA MARY DAISE.S
AGED 37 YEARS
ASSISTANT PROFESSOR,
DEPARTMENT OF MATHEMATICS,
ST.ALBERTS COLLEGE, ERNAKULAM,
RESIDING AT 9/584B, DIVINE NAGAR,
S.CHITTOOR P.O, ERNAKULAM, PIN - 682027.
BY ADVS.
SRI.C.V.ALEXANDER
SRI.BABU VARGHESE (SR.)
SMT.SUSIE B VARGHESE
RESPONDENTS:
1 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY THE REGISTRAR,
PRIYADARSINI HILLS P.O,
KOTTAYAM, PIN - 686560.
2 THE SYNDICATE OF THE MAHATMA GANDHI UNIVERSITY
REPRESENTED BY THE CHAIRMAN, THE VICE CHANCELLOR,
PRIYADARSINI HILLS P.O, KOTTAYAM, PIN - 686560.
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3 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
4 ST.ALBERTS COLLEGE
REPRESENTED BY THE MANAGER,
ST.ALBERTS COLLEGE,
ERNAKULAM, PIN - 682018.
5 THE PRINCIPAL
ST.ALBERTS COLLEGE,
ERNAKULAM, PIN - 682018.
ADDL.R6 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
ADDL.R7 GOVERNMENT OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT, FINANCE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
ADDL.R8 THE DIRECTOR OF COLLEGIATE EDUCATION
6TH FLOOR VIKASBHAVAN, VIKASBHAVAN P.O.
THIRUVANANTHAPURAM-695033.
ADDL.R9 THE REGIONAL DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION, MCRV HOSTEL OLD BUILDING,
GENERAL HOSPITAL ROAD, ERNAKULUM -682011.
[ADDITIONAL RESPONDENTS 6 TO 9 ARE IMPLEADED
AS PER ORDER DATED 22.08.2025 IN I.A.NO.2 OF
2025]
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BY ADVS.
SRI.SHERRY J. THOMAS
SRI.JOEMON ANTONY
SRI.ANTONY NILTON REMELO
SRI.RENISH RAVEENDRAN
SMT.ANJANA P.V.
SRI. PREMCHAND R. NAIR, SR.GOVERNMENT PLEADER
SRI. SURIN GEORGE IPE, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 13th day of January, 2026 Petitioner, a Ph.D. Degree holder in Mathematics is now working as Assistant Professor, Selection Grade in the Department of Mathematics, St.Alberts College, Ernakulam.
When proposal for approval of promotion of the petitioner as Associate Professor under the Career Advancement Scheme (CAS) was rejected by the University, the petitioner has filed this writ petition.
2. According to the petitioner, her prior service is liable to be reckoned for the purpose of promotions under the Career Advancement Scheme.
However, the said request was declined as per Ext.P13 order dated 07.04.2025. The prior service was refused to be reckoned for CAS promotion on the basis of a letter No.F3/65/2024 of the Higher Education Department.
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3. It is not disputed now that the Government has subsequently issued Ext.P15 order dated 10.10.2025 on the basis of which prior service can be reckoned.
Ext.P14 Government Order has been modified and now, the prior service of the Assistant Professors can be reckoned for the purpose of CAS promotions. In view of Ext.P15, the claim of the petitioner is liable to be reconsidered.
4. Ext.P13 is therefore set aside. The 1 st respondent is directed to reconsider the claim of the petitioner in the light of Ext.P15 Government Order.
Appropriate orders in this regard shall be passed within a period of two months.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.25526 of 2025 :6: 2026:KER:2259 APPENDIX OF WP(C) NO. 25526 OF 2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER NO.B1/4/5/10 DATED 07.02.2011 ISSUED BY THE FMN COLLEGE Exhibit P2 A TRUE COPY OF THE APPROVAL ORDER BY THE KERALA UNIVERSITY VIDE ORDER NO.AC.F III/2/25587/2011 DATED 02.04.2013.
Exhibit P3 A TRUE COPY OF THE RELIEVING ORDER NO.B1/ESTT/26/2014 DATED 10.11.2014, Exhibit P4 A TRUE COPY OF THE UNIVERSITY ORDER BY THE MG UNIVERSITY VIDE ORDER NO.7308/2/2015/ACAD DATED 18.12.2015 Exhibit P5 A TRUE COPY OF THE UNIVERSITY ORDER NO.8473/ACB 5/2022/MGU DATED 11.08.2022. WITH TRANSLATION Exhibit P6 A TRUE COPY OF THE RELEVANT PAGES OF THE UGC REGULATIONS, 2018 Exhibit P7 A TRUE COPY OF THE ORDER GO(P)NO.18/2019/HEDN DATED 29.06.2019, Exhibit P8 A TRUE COPY OF THE UNIVERSITY ORDER NO.5020/ACL/2019 DATED 19.10.2019, Exhibit P9 A TRUE COPY OF THE MINUTES OF THE SCREENING COMMITTEE Exhibit P10 A TRUE COPY OF THE PROMOTION ORDER, ORDER NO.SACA/2025/MANG/05 DATED 17.02.2025 Exhibit P11 A TRUE COPY OF THE ORDER G.O. (RT)NO.106/2025/HEDN DATED 22.01.2025 Exhibit P12 A TRUE COPY OF THE JUDGMENT IN OP(KAT)NO.238 OF 2022 DATED 22.07.2022 THE DIVISION BENCH OF THIS HONOURABLE COURT W.P.(C)No.25526 of 2025 :7: 2026:KER:2259 Exhibit P13 A TRUE COPY OF THE UNIVERSITY ADVICE NO.34092/ACB4-1/2025/DATED 07.04.2025 RECEIVED BY THE PRINCIPAL OF THE COLLEGE WITH TRASLATION Exhibit P14 TUE COPY OF THE G.O.(P)NO.75/2025/FIN DATED 17.06.2025 ISSUED BY THE FINANCE DEPARTMENT, GOVERNMENT OF KERALA.
Exhibit P15 A TRUE COPY OF THE GOVERNMENT ORDER G.O(P)NO.125/2025/FIN DATED 10.10.2025