Kerala High Court
Dr.Tissy Mariam Thomas vs The University Of Kerala on 10 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:20429
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946
WP(C) NO. 4547 OF 2023
PETITIONER:
DR.TISSY MARIAM THOMAS,
AGED 43 YEARS
ASSISTANT PROFESSOR,
DEPARTMENT OF PSYCHOLOGY,
UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
THIRUVANANTHAPURAM, PIN - 695581.
BY ADVS.
V.N.HARIDAS
SAIFUDEEN T.S
PARVATHY S.R.
LINDONS C.DAVIS
E.U.DHANYA
RESPONDENTS:
1 THE UNIVERSITY OF KERALA,
REPRESENTED BY ITS REGISTRAR,
THIRUVANANTHAPURAM, PIN - 695034.
W.P.(C)No.4547 of 2023
:2:
2025:KER:20429
2 REGISTRAR,
THE UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM, PIN - 695034.
3 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
HIGHER EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
4 UNIVERSITY GRANTS COMMISSION (UGC),
BAHADUR SHAH ZAFAR MARG,
NEW DELHI PIN - 110002.
5 CHRIST UNIVERSITY,
HOSUR RD, BHAVANI NAGAR,
S.G. PALYA, BENGALURU,
KARNATAKA, PIN - 560029.
BY ADVS.
SRI.THOMAS ABRAHAM
SRI.S.KRISHNAMOORTHY
SRI.SANTHOSH KUMAR G
SRI.PREMCHAND R. NAIR, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 10.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.4547 of 2023
:3:
2025:KER:20429
JUDGMENT
Dated this the 10th day of March, 2025 The petitioner is an Academician with a Masters Degree in Psychology with NET and Ph.D. The petitioner states that she has regular publications in Scopus and Index Journals and has Authored and Edited Books. She had research projects, international collaborations and has supervised Ph.D and M.Phil Scholars for the last two decades.
2. The petitioner is now working as the Assistant Professor in the Department of Psychology in the University of Kerala. The petitioner's last appointment by direct recruitment was as per Ext.P1 letter dated 22.03.2017. The petitioner states that the petitioner joined duty on 24.03.2017 and her probation was declared with effect from 24.03.2018 as evident from W.P.(C)No.4547 of 2023 :4: 2025:KER:20429 Ext.P2. The petitioner was appointed with a salary of ₹18840 + AGP ₹6,000/-. This is evident from Ext.P3.
3. The petitioner submits that the petitioner had earlier service. The details of which are given below:-
Designation Year Institution
Lecturer of Psychology October 2002 - Mother Arts & Science
January 2003 College, Thrissur
Lecturer of Psychology June 2003 - Prajyothi Nikethan College,
March 2004 Thrissur
Research Associate National Institute for the
April 2004 - Mentally Handicapped,
April 2005 Secunderabad, Andra
Pradesh
Assistant Professor of June 2005 - SDMc College, Dharmasthala,
Psychology May 2007 Karnataka
Associate Professor of CHRIST (Deemed to
June 2007 -
Psychology University), Bangalore,
March 2017
Karnataka
Assistant Professor of March 2017 - University of Kerala,
Psychology Present Thiruvananthapuram
4. The petitioner states that the petitioner is eligible to be promoted as Associate Professor with retrospective effect by counting the previous service along with the present service and to get the monetary benefits pursuant W.P.(C)No.4547 of 2023 :5: 2025:KER:20429 to the same. The respondents are denying eligible prospects under the Career Advancement Scheme (CAS) for trivial reasons.
5. Standing Counsel for the University entered appearance and resisted the writ petition. The Standing Counsel submitted that the petitioner was required to produce documents as mandated by the UGC for grant of CAS promotion as Associate Professor. The petitioner failed to do so. Under such circumstances, the respondents could not grant promotion to the petitioner.
6. The respondents submitted that as per UCG regulations, 2018, Clause 10(d), a Teacher should be appointed on the recommendation of a duly constituted Selection Committee, as per the rules of the respective University. The petitioner failed to produce the documents of the selection process such as minutes of the Selection Committee or the W.P.(C)No.4547 of 2023 :6: 2025:KER:20429 order and minutes of the recommendations of the Selection Committee signed by its members. These are all material documents required for effecting promotion as Associate Professor. The petitioner should either produce the afore documents or other certificates to enable the University to come to a conclusion that the petitioner was subjected to a selection process earlier.
7. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing respondents 1 and 2.
8. Ext.P11 is the UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018. Clause 1.1 of Ext.P11 Regulations would state that previous regular service, whether national or international, as Assistant W.P.(C)No.4547 of 2023 :7: 2025:KER:20429 Professor, Associate Professor or Professor or equivalent in a University, College, National Laboratories or other scientific/professional organisations such as the CSIR, ICAR, DRDO, UGC, ICSSR, ICHR, ICMR and DBT, should count for the direct recruitment and promotion under the CAS of a Teacher as Assistant Professor, Associate Professor, Professor or any other nomenclature subject to the conditions prescribed thereunder.
9. The petitioner states that the petitioner worked in CHRIST (Deemed to be University) Bangalore, Karnataka as Associate Professor of Psychology from June 2007 to March 2017. It was thereafter that the petitioner was appointed as Assistant Professor of Psychology in the University of Kerala. If the previous service is counted, the petitioner is entitled for promotion under the Career Advancement Scheme (CAS). However, the petitioner's request for Career Advancement W.P.(C)No.4547 of 2023 :8: 2025:KER:20429 Scheme was not favourably considered. At that point of time, the petitioner filed W.P.(C) No.3337 of 2022. The said writ petition was disposed of as per Ext.P17 judgment of this Court, wherein this Court directed the 2nd respondent to consider and pass orders on Ext.P6 representation submitted by the petitioner in the light of Exts.P11 and P13 to P15, as per procedure.
10. To the surprise of the petitioner, a hearing was conducted in which the Registrar directed the petitioner to produce complete details of past service, including nature of appointment, type of Institution, salary drawn, duration of service and equivalent grade and the details of promotion granted, as per Ext.P18. The petitioner made available all the aforesaid documents.
11. Again, the petitioner was issued with Ext.P21 where the petitioner was required to submit (1) the W.P.(C)No.4547 of 2023 :9: 2025:KER:20429 proceedings / orders of promotions in the prior service, (2) pay fixation orders and (3) details of last pay drawn. The petitioner, thereupon produced Exts.P22 to P25.
12. To the surprise of the petitioner, the petitioner has been served with Ext.P27 communication of the Registrar, University of Kerala, informing that the Syndicate has resolved not to consider the request of the petitioner to place as Associate Professor considering her prior service in CHRIST University, Bangalore, based on the following:-
1. As per UGC Regulations 2018, Clause 10(d), the Teacher was appointed on the recommendations of a duly constituted Selection Committee, as per rules of the respective University.
Since Dr.Tissy Mariam Thomas failed to produce the documents of selection process such as minutes of the Selection Committee or the order and minutes of the recommendations of Selection Committee signed by its members.
2. Dr.Tissy Mariam Thomas has produced statement of salary and Last Pay Certificate which are not as per Clause 10(b) of UGC Regulations, 2018.
3. The documents submitted by Dr.Tissy Mariam Thomas are not signed by a Competent Authority.
W.P.(C)No.4547 of 2023:10:
2025:KER:20429 Going through Ext.P27, it is evident that the petitioner has been denied the benefits under the CAS on the ground that the petitioner has failed to produce the documents of selection process such as minutes of the Selection Committee or the order and minutes of the recommendations of Selection Committee signed by its members. This fact has been reiterated in the statement filed by the University also.
13. Paragraph No.11 (a) of the statement filed by the University states that as per UGC Regulations, 2018, Clause 10(d), the Teacher should be appointed on the recommendations of a duly constituted Selection Committee, as per the rules of the respective University. The petitioner failed to produce the documents of the selection process such as minutes of the Selection Committee or the order and minutes of the recommendations of the Selection Committee signed by its members.
W.P.(C)No.4547 of 2023:11:
2025:KER:20429
14. It is to be noted that the minutes of the Selection Committee or the order and minutes of the recommendations of the Selection Committee signed by its Selection Committee members are not documents which will be available to the Teachers, Professors appointed pursuant to the selection. The respondent-University will not be justified in insisting to produce those documents.
15. Ext.P20 Certificate dated 01.06.2022 issued by the CHRIST (Deemed to be University) would indicate that a duly constituted Committee of Vice Chancellor, Registrar, Head, Department of Psychology and a subject expert verified the documents of the petitioner on 20.05.2014 through a direct interview.
16. The selection criteria as per UGC Regulations, 2010 was as follows:-
a) PhD degree awarded in November 2009
b) Twelve years of experience of teaching and/or research W.P.(C)No.4547 of 2023 :12: 2025:KER:20429 in academic/research position equivalent to that of Assistant Professor such as 1) Assistant Professor, Department of Psychology, Christ University, Bangalore from 07-06-2007 to 31- 05-2014, 2) PhD scholar, Department of Psychology, University of Calicut, Malappuram from 01-06-2007 to 31-07-2008, 3) Lecturer, PG Department of Psychology, Sri Dharmasthala Manjunatheshwara College, Ujire, Dakshina Kannada from 15-06- 2005 to 07-05-2007, 4) Research Associate, National Institute for the Mentally Handicapped, Secunderabad from 12-04-2004 to 11-04-2005 and 5) Lecturer, Department of Psychology, Prajyoti Niketan College, Pudukkad, Thrissur from 01-06-2003 to 31-03- 2004.
c) She has published the required minimum of 5 research articles. She had also published three books.
d) Dr Tissy has been instrumental towards developing new post graduate programs, design of new curricula, and technology-mediated teaching learning process with evidence of having guided doctoral candidates and research students.
e) Dr Tissy also has completed the required Orientation and Refresher programs at HRDC, CHRIST (Deemed to be University).
f) Her Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS), is verified to be satisfactory Based on the selection criteria, the petitioner has been promoted as Associate Professor on 01.06.2014 and has been placed in the pay scale of ₹37400-67000 + AGP 9000 after the career placement as Associate Professor. The petitioner was W.P.(C)No.4547 of 2023 :13: 2025:KER:20429 subsequently relieved from service on 22.03.2017 as Associate Professor and her last drawn salary was ₹37400-67000 + AGP 9000.
17. When all the afore facts relating to selection of the petitioner as Associate Professor in the CHRIST (Deemed to University), Bangalore, is evident from Ext.P20 Certificate, I am of the firm view that requiring the petitioner to produce the minutes of the Selection Committee or the order and minutes of the recommendations of the Selection Committee signed by its members from the University where the petitioner was employed earlier, is illegal and unjustifiable.
In the circumstances, the writ petition is disposed of directing the 2nd respondent-Registrar to reconsider the case of the petitioner for promotion as Associate Professor with retrospective effect by counting the petitioner's previous service in the CHRIST University, without insisting for the documents W.P.(C)No.4547 of 2023 :14: 2025:KER:20429 as has been done in Exts.P21, P26 and P27. The respondents shall accept Exts.P20 to P25 documents in proof of the petitioner's service and selection under the CAS in the CHRIST (Deemed to be University), Karnataka. Orders afresh shall be passed within a period of two months.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.4547 of 2023 :15: 2025:KER:20429 APPENDIX OF WP(C) 4547/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDERS DATED 22.03.2017 Exhibit P2 A TRUE COPY OF THE ORDER DATED 06.09.2018 OF THE UNIVERSITY OF KERALA Exhibit P3 A COPY OF THE PAY FIXATION STATEMENT DATED 12.05.2017 Exhibit P4 A COPY OF THE EXPERIENCE CERTIFICATE FROM MOTHER ARTS & SCIENCE COLLEGE, DATED 10.04.2003 Exhibit P5 A COPY OF THE EXPERIENCE CERTIFICATE, DATED 09.03.2004 ISSUED FROM PRAJYOTI NIKETAN COLLEGE Exhibit P6 A COPY OF THE EXPERIENCE CERTIFICATE, DATED 11.04.2005 ISSUED FROM THE NATIONAL INSTITUTE FOR THE MENTALLY HANDICAPPED Exhibit P7 A COPY OF THE EXPERIENCE CERTIFICATE DATED 07.05.2007 ISSUED FROM SHRI DHARMASTHALA MANJUNATHESWARA COLLEGE Exhibit P8 A COPY OF THE EXPERIENCE CERTIFICATE DATED 13.02.2020 ISSUED FROMCHRIST UNIVERSITY Exhibit P9 COPY OF THE LETTER DATED 07.07.2017 Exhibit P10 A COPY OF THE LETTER DATED 02.09.2017 OF THE REGISTRAR; UNIVERSITY OF KERALA W.P.(C)No.4547 of 2023 :16: 2025:KER:20429 Exhibit P11 A COPY OF RELEVANT PAGES OF UGC REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION, 2018 Exhibit P12 A COPY OF THE REPRESENTATION DATED -
08.04.2019 OF THE PETITIONER SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P13 A COPY OF THE LETTER NO.F.17- 7/2013(PS/MISC) PL.FI DATED 27.02.2020 FROM UGC Exhibit P14 A COPY OF GO(P)NO.28/2019/H.EDN DATED 29.09.2019 Exhibit P15 A COPY OF THE UNIVERSITY OF KERALA ORDER NO.AC.FII/GENERAL/UGC-R-2018/2019 DATED 02.09.2019 Exhibit P16 A COPY OF THE REPRESENTATION DATED 04.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE UNIVERSITY REGISTRAR Exhibit P17 A COPY OF THE JUDGMENT IN W.P(C) NO.3337/2022 DATED 01.02.2022 Exhibit P18 A COPY OF THE LETTER NO.AD.DII/CAS/ TM/2021 DATED 16.04.2022 ALONG WITH PROCEDURES OF HEARING CONDUCTED ON 26.03.2022 Exhibit P19 A TRUE COPY OF THE LETTER DATED 09.06.2022 OF THE PETITIONER TO THE 2ND RESPONDENT W.P.(C)No.4547 of 2023 :17: 2025:KER:20429 Exhibit P20 COPY OF THE LETTER CU:OR:FAC:07/22 DATED 01.06.2022 OF THE CHRIST DEEMED UNIVERSITY, BANGALORE Exhibit P21 A COPY OF THE LETTER NO.AD.DII/CAS/TM/2021 DATED 22.08.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P22 A TRUE COPY OF THE LETTER DATED 10.11.2022 OF THE PETITIONER Exhibit P23 A TRUE COPY OF THE PROMOTION ORDER DATED 01.06.2014 ISSUED BY THE CHRIST UNIVERSITY, BANGALORE Exhibit P24 A TRUE COPY OF THE STATEMENT OF FIXATION OF PAY DATED 01.06.2014 ISSUED BY THE CHRIST UNIVERSITY Exhibit P25 A TRUE COPY OF THE LAST PAY CERTIFICATE DATED 22.03.2017 ISSUED BY THE CHRIST UNIVERSITY Exhibit P26 A COPY OF THE LETTER NO.AD.DII/CAS/ TM/2021 DATED 26.12.2022 Exhibit P27 A COPY OF THE ORDER NO.AD.DII/CAS/TM/2021 DATED 23.02.2023 RESPONDENT ANNEXURES ANNEXURE R1(a) THE TRUE COPY OF THE RELEVANT PAGE OF UGC REGULATIONS, 2018 ANNEXURE R1(b) THE TRUE COPY OF THE UNIVERSITY ORDER NO.AD.DII/GENERAL/UGC-R 2018/2021 DATED 07.05.2021 W.P.(C)No.4547 of 2023 :18: 2025:KER:20429 ANNEXURE R1(c) THE TRUE COPY OF THE PROCEEDINGS OF THE HEARING HELD ON 26.03.2022 ANNEXURE R1(d) THE TRUE COPY OF LETTER NO.AD.DII/CAS/TM/2021 DATED 22.08.2022 ANNEXURE R1(e) THE TRUE COPY OF THE LETTER NO.AD.DII/CAS/TM/2021 DATED 23.02.2023 RESPONDENT EXHIBITS Exhibit R4(a) TRUE COPY OF THE RELEVANT PORTIONS OF THE UGC REGULATIONS 2010.