IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 35172 of 2008(K) -------------------------- PETITIONER(S): --------------- P.M.SALIM, LECTURER IN HISTORY, GOVERNMENT COLLEGE, MANANTHAWAD. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): --------------- 1. THE KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MANGATTUPARAMBA, KANNUR. 2. THE DIRECTOR OF COLLEGE DEVELOPMENT COUNCIL, KANNUR UNIVERSITY, MANGATTUPARAMBA, KANNUR 3. THE PRINCIPAL, GOVERNMENT COLLEGE, KASARAGOD. 4. THE UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS SECRETARY, BAHADURSHAH SAFAR MARG, NEW DELHI -110002. ADV. .M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 3/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35172 of 2008 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF APPOINTMENT ORDER ISSUED BY THE MANAGEMENT DATED 30.3.97 EXT.P2- TRUE COPY OF PROCEEDINGS OF THE MANAGER DATED 29.9.99 EXT.P3- TRUE COPY OF RELIEVING ORDER ISSUED BY THE MANAGER DTED 13.2.2007 EXT.P4- TRUE COPY OF RELEVANT EXTRACT OF THE GUIDELINES FOR THE SPECIAL SCHEME OF FACULTY DEVELOPMENT PROGRAMME ISSUED BY THE UGC EXT.P5- TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER TO THE PRINCIPAL DATED 25.8.08 EXT.P6- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RGISTRAR OF KANNUR UNIVERSITY DATED 24.11.08 (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).35172/2008 -------------------- Dated this the 3rd day of December, 2008 JUDGMENT Petitioner, who is first appointed as Junior Lecturer in History in a College which was then affiliated to the Calicut University and now affiliated to the Kannur University, was, for a short while, deployed to a Higher Secondary School in the wake of delinking of the Pre degree course. Thereafter, petitioner got himself registered with the Calicut University for undergoing his research to enable him to acquire Ph.D. He submitted his preliminary thesis on 5.8.2000. Petitioner is now a permanent teacher in the College of Teacher Education. 2. Petitioner submits that he is eligible to avail of the Teacher Fellowship under the UGC. Applications submitted by the eligible persons are to be forwarded by the concerned University to the UGC and it is therefore, that the petitioner submitted his application for the award of Teacher Fellowship to the Principal of W.P.(C).35172/2008 2 the College as per Ext.P5 and it seems that the Principal has forwarded the same to the University. Writ petition has been filed seeking a direction to the University to forward the petitioner’s application to the UGC, and to the UGC to take a decision thereon, reckoning the petitioner’s services in an aided college for the period from 1997 to 13.2.2007. 3. Learned counsel for the University submits that the petitioner’s application has been forwarded by the University to the UGC and it is upto the UGC to take a decision. Dispute is whether service rendered by the petitioner prior to the order of regulation should not be taken into account for the purpose of Teacher Fellowship, since the petitioner has continued without a break in service. 4. Though notice has been served on the counsel stated to be appearing for the UGC, he does not appear. In such circumstances, I am constrained to take up the matter for hearing. I heard Mr.P.C.Sasidharan learned counsel for the petitioner, and Mr.M.Sasindran, W.P.(C).35172/2008 3 learned Standing Counsel for the UGC. 5. Since the University has forwarded the petitioner’s application to the UGC, it is upto the UGC to consider the same and take a decision. Prima facie I do not find any reason why the petitioner’s service in the aided college affiliated to the University should not be taken into account for the purpose of determining the petitioner’s eligibility to avail of the award of Teacher Fellowship under the faculty Improvement Programme. 6. In the result, writ petition is disposed of directing the fourth respondent to consider the petitioner’s application, on receipt of the same from the University, within two months from the date of receipt of a copy of this judgment, taking note of the observations made herein and in accordance with law. V.GIRI, Judge mrcs