Dr. Laila T. Abraham v. Mahatma Gandhi University and Others

PETITIONER: DR.LAILA T.ABRAHAM W/O.BABU N.JOSEPH, DEPUTY LIBRARIAN-IN-CHARGE (UNIVERSITY), MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM - 686 560. BY ADV.DR.GEORGE ABRAHAM RESPONDENTS: 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR,PRIYADARSHINI HILLS P.O, KOTTAYAM-686560. - 2 VICE-CHANCELLOR, MAHATMA GANDHI UNIVERSITY,PRIYADARSHINI HILLS P.O, KOTTAYAM-686560. - 3 THE SYNDICATE OF MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS CHAIRMAN,PRIYADARSHINI HILLS P.O, KOTTAYAM-686560. - 4 REGISTRAR, - MAHATMA GANDHI UNIVERSITY,PRIYADARSHINI HILLS P.O, KOTTAYAM-686560. - 5 STATE OF KERALA, - REPRESENTED BY SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. R1-R4 BY ADV. SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY R5 BY SRI.S.GOPINATHAN, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13274 of 2018 (H) APPENDIX ## PETITIONER'S EXHIBITS: - EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE UNIVERSITY DATED 17.12.1990 EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE UNIVERSITY DATED 04.06.1994.E EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30.06.2008 ISSUED BY THE UNIVERSITY. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 12.05.2010 ISSUED BY THE UNIVERSITY TO THE PETITIONER EXHIBIT P5 TRUE COPY OF THE FIXATION OF PAY GRANTED TO THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE ORDER ISSUED BY THE UNIVERSITY TO THE PETITIONER PROMOTING HER AS THE DY.LIBRARIAN OF THE UNIVERSITY EXHIBIT P7 TRUE COPY OF GOVERNMENT ORDER,GO(P)NO.582/10/H.EDN.DATED 27.03.2010. EXHIBIT P8 TRUE COPY OF APPENDIX-III ATTACHED TO THE UGC REGULATION. EXHIBIT P9 TRUE COPY OF THE DEGREE OF PH.D. EXHIBIT P10 TRUE COPY OF THE MINUTES OF THE INTERNAL QUALITY ASSURANCE CELL DATED 27.11.2017. EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS OF THE SELECTION COMMITTEE DATED 30.01.2018. EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS OF THE SYNDICATE MEETING HELD ON 03.02.2018 EXHIBIT P13 TRUE COPY OF THE DECISION TAKEN BY THE SYNDICATE AT THE MEETING HELD ON 24.03.2018. - EXHIBIT P14 TRUE COPY OF THE U.G.C REGULATIONS ON MINIMUM QUALIFICATION FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF OF THE UNIVERSITIES AND COLLEGES 2010. - EXHIBIT P15 TRUE COPY OF THE COMMUNICATION ISSUED BY THE UNIVERSITY DATED 16/5/2018. - EXHIBIT P16 TRUE COPY OF THE ORDER ISSUED BY THE UNIVERSITY OF HYDERABAD DATED 11/7/2017. - EXHIBIT P17 TRUE COPY OF THE COMMUNICATION DATED 16/2/18 IS ISSUED BY ALAGAPPA UNIVERSITY. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.S to Judge. smp ## **A. MUHAMED MUSTAQUE, J.** ------------------------------------ ## W.P. (C) No.13274 of 2018 ------------------------------------ ## Dated this the 16[th] day of August, 2018 ## **J U D G M E N T** The petitioner, a Deputy Librarian, promoted in the year 2008 acquired Ph.d in the year 2017. The petitioner was considered for promotion as Librarian in the University (Stage V) under the Career Advancement Scheme and selected to the post. However, the Syndicate, noting that the petitioner does not have experience of three years after acquiring Ph.d, referred the matter to the Government for clarification. The petitioner, challenging the decision of the Syndicate, has approached this Court. The issue in the writ petition revolved around interpretation of the relevant provisions of the UGC Scheme. It is appropriate to refer the relevant clause, namely, clause 6.4(iii) which reads thus: “(iii)Deputy Librarian completing service of three years in the AGP of Rs.9,000 and otherwise eligible as per the API scoring system and PBAS methodology developed in these **W.P.(C) No.13274/2018** **2** Regulations, with a Ph.D qualification shall also be eligible to be considered for appointment to the post of Librarian through open recruitment”. There are two essential qualifications required; i) experience as Deputy Librarian and ii) Ph.D. 2. Learned Standing Counsel appearing for the University submits that the petitioner's service of three years as Deputy Librarian will have to be after acquiring Ph.D qualification and then alone the petitioner can be considered as eligible. 3. The question that arises for consideration is whether the 'experience' as referred in the clause is one 'after acquiring Ph.D qualification' or not. It is more of an interpretation of the plain language of the provisions as above and nothing else. Nowhere it is stated that the qualification of experience must be 'after acquiring Ph.D'. The clause simply says 'experience of three years in the post of Deputy Librarian with Ph.D qualification'. That means, before being considered for promotion, the Deputy Librarian must acquire Ph.D qualification. This is more so by the reason that for direct recruitment, there is no insistence of Ph.D qualification in the **W.P.(C) No.13274/2018** **3** post of Librarian. Thirteen years experience as Deputy Librarian would be sufficient. 4. It is appropriate to refer paragraphs 7 and 8 of the decision of the Apex Court in _**A.K.Raghumani Singh and others** vs._ _**Gopal Chandra Nath and others**_ ((2000) 4 SCC 30) which reads thus: “7. The word “with” has been defined in the New Shorter Oxford Dictionary (1993), diversely the meaning depending on the context in which it is used. But when it is used to connect two nouns it means: “Accompanied by; having as an addition or accompaniment. Frequently used to connect two nouns, in the sense 'and' - 'as well'”. 8. Applying the definition to the eligibility criteria it is clear that it requires the prescribed educational qualification and 6 years' experience as well. Given the plain meaning of the phrase, the Court would not be justified in reading a qualification into the conjunctive word and imply the word “subsequent” after the word “with”. 5. If the interpretation attempted is accepted, it would amount misconstruing the provisions as above and one may have to read it as 'Deputy Librarian with Ph.D qualification having experience of three years'. That was not intended in **W.P.(C) No.13274/2018** **4** the above Regulation. 6. Learned Standing Counsel appearing for the University placed reliance on the decision of a Full Bench of this Court in _**Basheer** vs._ _**Saiful Islam**_ (2014 (4) KLT 521) wherein this Court, after referring to Rule 10(ab) of Part II K.S & S.S.R, declared that for direct recruitment, when qualification of experience is prescribed in the Rules, it shall, unless otherwise specified in the recruitment rules, be gained after acquiring the basic educational qualifications. The provisions of K.S & S.S.R as above were referred in the context of the qualification prescribed under the Kerala University Act, 1974. When the State enactment is required to be interpreted, the Full Bench placed reliance on the provisions under the K.S & S.S.R by specifically noting that Statute 10 of Kerala University First Statutes, 1977 is applicable to University as well. In such circumstances, there cannot be any difficulty to hold that the provisions of K.S. & S.S.R can be resorted to understand the scope and ambit of the State legislations. 7. Learned Standing Counsel also referred to the judgment of a Division Bench of this Court in _**Rabi** vs._ _**State**_ **W.P.(C) No.13274/2018** **5** _**of Kerala**_ (2007 (4) KLT 335) wherein this Court considered the prescription of teaching experience of three years for the post of Assistant Professor as per Rule 5(b) of Kerala Dental Education Service Special Rules, 1975. In the said case, teaching experience is insisted in the subject for three years. In that context, the Division Bench held that teaching experience in the subject has to be acquired by a candidate after acquiring the qualification. 8. The insistence of experience after acquiring the academic qualification would depend upon the nature of the provisions. For direct recruitment as University Librarian, the only requirement is 13 years experience as Deputy Librarian. Ph.D is only a desirable qualification. Therefore, it is clear that the UGC Regulations never intend to stipulate that experience as Deputy Librarian has to be after acquisition of Ph.D qualification. If that be so, it is sufficient the requisite educational qualification is acquired prior to promotion. In the light of the discussions as above, based on the Selection Committee's proceedings, the petitioner shall be considered for appointment as Librarian in the University **W.P.(C) No.13274/2018** **6** (Stage V) without delay, at any rate, within a period of one month. This writ petition is disposed of as above. Sd/- ## **A. MUHAMED MUSTAQUE** **JUDGE** smp