## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN**
**FRIDAY, THE 24[TH] DAY OF MAY 2024 / 3RD JYAISHTA, 1946**
**WP(C) NO. 38948 OF 2017**
## **PETITIONERS:**
- **1 DR.ABDU RAHIMAN K.U. KIZHAKKE KALATHIL HOUSE, MANNAM P.O., NORTH PARAVUR, KOCHI-683520, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **2 DR. SAJU K. K.**
- **AMBADI, MAMANGALAM, KOCHI-682025, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **3 DR. REKHA JAMES VALLUVASSERY HOUSE, CHILAVANNOOR, KOCHI-682020, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **4 DR. SHEENA MATHEW PARATHUVAYALIL HOUSE, KEEZHILLAM P.O., KOCHI-683541, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **5 DR. ABDULLA P. PARAMBIL HOUSE, KALLIDUMB, EDAVANNA P.O., MALAPPURAM676541, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **6 DR. MRIDULA S. SWASTI, MAHABALI ENCLAVE, THRIKKAKARA P.O, KOCHI682021, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **7 DR. DIPAK KUMAR SAHOO "MANORATHA", SAMAYA LANE, KATHAGADA, NEAR COLLEGE BYPASS, DHENKANAL, ODISHA-759001, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **8 DR. BABU C. A. SABARI, ARA/170, ALFIA NAGAR, COCHIN UNIVERSITY P.O, KOCHI-682022, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **9 DR. AJITHKUMAR G. M 140, CHANGAMPUZHA NAGAR, SOUTH KALAMASSERY, KOCHI-**
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**682033, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **10 DR. SOBHA CYRUS MARIKUDY HOUSE, SOUTH VAZHAKULAM, ALUVA, KOCHI683105, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **11 DR. TIDE P. S. PORATHOOR HOUSE, M-125, CHANGAMPUZHA NAGAR, KALAMASSERY, KOCHI-682033, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **12 DR. ASHA ELIZABETH DANIEL PALAL HOUSE, RAJAGIRI VALLEY P.O., KAKKANAD, KOCHI-682039, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **13 DR. RADHAKRISHNA PANICKER M. R. VRINDAVANAM, ASSAN LANE, ALUVA, KOCHI-683101, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **14 DR. VINODKUMAR M. N. 35/813B, MANJAMKUZHY HOUSE, NORTH JANATHA ROAD, MAMANGALAM, PALARIVATTOM P.O., KOCHI-682025, PRESENTLY WORKING AS THE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **15 DR. BHASI A. B. SOUPARNIKA, 9-HAVENS, HOUSE NO. 6, JAWAN CROSS ROAD, KOCHI-682041, PRESENTLY WORKING AS THE ASSOCIATE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **16 DR. BINDU C. S. PARACKAL HOUSE, II CROSS, TEMPLE ROAD, KOONAMTHAI, EDAPPALLY P.O., KOCHI-682024, PRESENTLY WORKING AS THE ASSOCIATE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **17 DR. BIJU N. BIJU NIVAS, KAITHACODE P.O., KUNDARA, KOLLAM691543, PRESENTLY WORKING AS THE ASSOCIATE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
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- **18 DR. ROY M. THOMAS MARIKUDY HOUSE, SOUTH VAZHAKULAM, ALUVA, KOCHI683105, PRESENTLY WORKING AS THE ASSOCIATE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **19 DR. M. SUDHEEP ELAYIDOM SRIVILAS, ASRAM ROAD, KALADY P.O., KOCHI-683574, PRESENTLY WORKING AS THE ASSOCIATE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **20 DR. GIREESHKUMARAN THAMPI B. S. BHASURAM, NEAR NAD RESIDENTIAL AREA, NAD P.O., ALUVA, KOCHI-683563, PRESENTLY WORKING AS THE ASSOCIATE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **21 DR. JACOB ELIAS POOMTHOTTAM, 12, JYOTHIRNAGAR, UC COLLEGE P.O., ALUVA, KOCHI-683102. PRESENTLY WORKING AS THE ASSOCIATE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **22 DR. SASI GOPALAN TYPE C QUARTERS, UNIT -3, CUSAT, KOCHI-682022, PRESENTLY WORKING AS THE ASSOCIATE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **23 DR. GLORY JOSEPH VADACHERRIL HOUSE, DAIRY METHANAM ROAD, EDAPPALLY NORTH, KOCHI-682024, PRESENTLY WORKING AS THE ASSOCIATE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **24 DR. LATHA P. G. SUDARSHANAM, TNRA 102, THIRUVONAM NAGAR, CUSAT P.O., KOCHI-682022, PRESENTLY WORKING AS THE ASSOCIATE PROFESSOR IN SCHOOL OF ENGINEERING, CUSAT.**
- **25 DR. PREETHA MATHEW K. KOCHUVADAKEYIL HOUSE, COLLEGE NAGAR-180, CHURCH ROAD, TILLERY, KOLLAM-691001, PRESENTLY WORKING AS THE ASSOCIATE PROFESSOR IN COCHIN UNIVERSITY COLLEGE OF ENGINEERING KUTTANAD (CUCEK), THE**
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## **PULINCUNNOO CAMPUS OF CUSAT.**
**BY ADVS. SRI.C.V.MANUVILSAN SRI.VINODE V. LUKA**
## **RESPONDENTS:**
- **1 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE), NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI-110067, REPRESENTED BY ITS SECRETARY.**
- **2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.**
- **3 THE DIRECTOR DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASAM STREET, FORT (P.O), THIRUVANANTHAPURAM-695023.**
- **4 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY KALAMASSERY P.O., KOCHI, KERALA-682022, REPRESENTED BY ITS REGISTRAR.**
- **5 THE FINANCE OFFICER COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,KALAMASSERY P.O., KOCHI, KERALA682022.**
**BY ADVS.**
**SRI.JAYKAR K.S., SC, AICTE**
**SRI.S.KRISHNAMOORTHY, SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY SRI.SAJITH KUMAR V.**
## **OTHER PRESENT:**
**SRI.V.K.SUNIL, SR.GP**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
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# **P.V.KUNHIKRISHNAN,J.**
**- - - - - - - - - - - - - - - - - - - - -**
W.P (C) No.38948 of 2017
**- - - - - - - - - - - - - - - - - - - - - - - - - - -** Dated this the 24[th] day of May, 2024
## **JUDGMENT**
This writ petition is filed with the following prayers:-
“i. Declare that Clause (iii) of Clarification No.25 in Page 25 of the EXHIBIT P3 passed by the Respondent No. 1, so far as it relates to award of Two/Three non-compoundable increments for acquiring Ph.D Degree while in service and issuance of EXHIBIT P4 and its Annexure-III, by the Respondent No. 5 are illegal, irrational and procedurally Improper, and violative of Article 14 of the Constitution of India.
ii. Call for the records leading to Clause (iii) of Clarification No. 25 in Page 25 of the EXHIBIT P3 passed by the Respondent No. 1, so far as it relates to award of Two/Three non-compoundable increments for acquiring Ph.D Degree while in service and quash the same by way of issuance of a Writ of Certiorari.
iii. Call for the records leading to EXHIBIT P4 and its Annexure-III, passed by the Respondent No. 5 and quash the same by way of issuance of a Writ of Certiorari, to the extent as it affects the Petitioners herein.
iv. Declare that any financial benefits granted to the Petitioners herein, pursuant to EXHIBITS P1 & P2, cannot be recovered by the Respondents, by way of taking any coercive steps against the Petitioners herein, in view of the Law declared by the Hon'ble Supreme Court in the matter of **State of Punjab v. Rafiq Masih** , (2015) 4 SCC 334 and other similarly placed Dictums and Principles.
v. Pass any other order or directions as this
W.P (C) No.38948 of 2017
**==> picture [10 x 12] intentionally omitted <==**
Hon'ble Court may deem fit and proper in the interest of justice, equity and good conscience.” [SIC]
When this writ petition came up for consideration, the learned counsel for the petitioners submitted that, in the light of the notification dated 20.05.2020, no further relief is necessary. Therefore, this writ petition is closed recording the submission of the learned counsel for the petitioner.
Sd/-
**P.V.KUNHIKRISHNAN JUDGE**
bng
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## **APPENDIX OF WP(C) 38948/2017**
## **PETITIONER EXHIBITS**
|**EXHIBIT P1**|**TRUE PHOTOCOPY OF THE REGULATION**|**VIZ.**|
|---|---|---|
||**PAY SCALES, SERVICE CONDITIONS **|**AND**|
||**QUALIFICATIONS FOR THE TEACHERS **|**AND**|
||**OTHER ACADEMIC STAFF IN TECHNICAL**||
||**INSTITUTIONS**<br>**(DEGREE)**<br>**REGULATIONS,**||
||**2010, ISSUED VIDE A NOTIFICATION**|**NO.F.**|
||**NO.37-3/LEGAL/2010, DATED 05.03.2010**||
||**PUBLISHED IN THE OFFICIAL GAZETTE**|**DATED**|
||**13.03.2010.**||
|**EXHIBIT P2**|**TRUE PHOTOCOPY OF THE G.O. **|**(P)**|
||**NO.389/10/H.EDN,**<br>**DATED**<br>**07.12.2010,**||
||**ISSUED BY THE 2ND RESPONDENT.**||
|**EXHIBIT P3**|**TRUE PHOTOCOPY OF THE NOTIFICATION**|**VIDE**|
||**NO.F.NO.27/RIFD/PAY**<br>**SCALE/01/2013-14,**||
||**DATED 04.01.2016, PUBLISHED IN **|**THE**|
||**OFFICIAL GAZETTE DATED 06.01.2017.**||
|**EXHIBIT P4**|**TRUE PHOTOCOPY OF THE LETTER VIDE NO.**||
||**IA&I/I/AG'S**<br>**AUDIT/2015-16,**|**DATED**|
||**31.07.2017,**<br>**ISSUED**<br>**BY**<br>**THE**|**5TH**|
||**RESPONDENT TO THE 1ST PETITIONER,**|**ALONG**|
||**WITH ITS ANNEXURE III.**||
|**EXHIBIT P5**|**TRUE PHOTOCOPY OF THE INTERIM**|**ORDER**|
||**DATED 17.12.2016 IN W.P.(C) NO.40113 OF**||
||**2016.**||
|**EXHIBIT P6**|**TRUE PHOTOCOPY OF THE ORDER VIDE**|**G.O.**|
||**(P)**<br>**NO.**<br>**58/2010/H.EDN.,**|**DATED**|
||**27.03.2010,**<br>**ISSUED**<br>**BY**<br>**THE**|**2ND**|
||**RESPONDENT.**||
|**EXHIBIT P7**|**TRUE PHOTOCOPY OF THE CERTIFICATES**||
||**PROVING THE QUALIFICATIONS OF **|**1ST**|
||**PETITIONER, VIZ. DOCTORATE DEGREE,**||
||**MASTER'S DEGREE AND BACHELOR DEGREE,**||
||**RESPECTIVELY.**||
|**EXHIBIT P8**|**TRUE PHOTOCOPY OF THE CERTIFICATES**||
||**PROVING THE QUALIFICATIONS OF **|**2ND**|
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**PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P9**
**EXHIBIT P10**
**EXHIBIT P11**
**EXHIBIT P12**
**EXHIBIT P13**
**EXHIBIT P14**
**EXHIBIT P15**
**TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 3RD PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 4TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 5TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 6TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 7TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 8TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 9TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
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**EXHIBIT P16 TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 10TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P17 TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 11TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P18 TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 12TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P19 TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 13TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
- **EXHIBIT P20 TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 14TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P21 TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 15TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P22 TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 16TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P23 TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 17TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE,**
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## **RESPECTIVELY.**
**EXHIBIT P24**
**TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 18TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P25**
**TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 19TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P26**
**TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 20TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P27**
**TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 21ST PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P28**
- **TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 22ND PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P29**
- **TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 23RD PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P30**
- **TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 24TH PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**
**EXHIBIT P31 TRUE PHOTOCOPY OF THE CERTIFICATES PROVING THE QUALIFICATIONS OF 25TH**
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**PETITIONER, VIZ. DOCTORATE DEGREE, MASTER'S DEGREE AND BACHELOR DEGREE, RESPECTIVELY.**