IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 17524 of 2008(J) -------------------------- PETITIONER: ------------ DR.CHANDU VENUGOPAL, READER & HEAD OF THE DEPARTMENT, SCHOOL OF PURE & APPLIED PHYSICS, MAHATMA GANDHI UNIVERSITY KOTTAYAM. BY ADV. SRI.BABU VARGHESE RESPONDENTS: ------------- 1. THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR PRIYADARSHINI HILLS P.O., KOTTAYAM. 2. VICE CHANCELLOR & CHAIRMAN OF THE SYNDICATE, MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS P.O., KOTTAYAM. BY ADV. SHRI T.A.SHAJI, STANDING COUNSEL FOR M.G.UNIVERSITY BY GOVT. PLEADER SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.17524 of 2008 J -------------------------------------- Dated this the 25th day of August, 2008. J U D G M E N T The petitioner is the Head of the Department of School of Pure & Applied Physics in Mahatma Gandhi University. According to the petitioner, he is eligible to be placed as Professor with effect from 30.10.2000 on completion of eight years' service as a Reader, as per the provisions of the Career Development Scheme of the U.G.C. The grievance of the petitioner is that he was not afforded the said benefit and on the other hand, his junior was promoted as the Professor. 2. The petitioner had approached this Court earlier in W.P.(C) No.6041/2008 which was disposed of as per Ext.P11 judgment dated 21.2.2008. This Court directed the Vice Chancellor to consider and pass orders on the representation submitted by the petitioner. Pursuant to Ext.P11 judgment, the Vice Chancellor disposed of the representation submitted by the petitioner and it was communicated to the petitioner as per Ext.P12 letter dated 24.4.2008. Ext.P12 reads as follows:- WP(C) No.17524/2008 2 “With reference to the above I am to inform you that your representation has been considered by the Vice-Chancellor and it has been decided to promote you to the post of Professor under CAS with effect from 18.9.2007 subject to the stipulations envisaged under clause 6.29 and 6.36 of the UGC Scheme in force. Hence I request you to submit the self appraisal report for the years 2004, 2005, 2006 and 2007 at the earliest to proceed further.” The petitioner points out that promotion was granted only with effect from 18.9.2007 whereas his claim for promotion as Professor is from 30.10.2000 onwards. No reasons are stated in Ext.P12 as to why his claim for promotion from the year 2000 is rejected. 3. The relief prayed for in the Writ Petition is to quash Ext.P12 and to declare that the petitioner is entitled to be placed as Professor with effect from 30.10.2000 onwards. All other consequential benefits have also been prayed for. 4. A counter affidavit is filed by the Joint Registrar of the first respondent University on behalf of the respondents. Several contentions have been raised in the counter affidavit to support the decision of the Vice Chancellor which is reflected in Ext.P12. Those reasons are not mentioned in Ext.P12. For WP(C) No.17524/2008 3 the first time these reasons are brought to the notice of the Court. On the face of Ext.P12, it is not proper to decide as to how the Vice Chancellor came to the conclusion as reflected in Ext.P12. It is only just and proper to direct the Vice Chancellor to dispose of the representation submitted by the petitioner afresh as per the direction contained in Ext.P11 judgment, by passing a speaking order showing the reasons for arriving at the conclusion. 5. Accordingly, Ext.P12 is quashed. The Vice Chancellor shall pass fresh orders in the matter. A reasoned and speaking order should be passed by the Vice Chancellor, after affording an opportunity of being heard to the petitioner. The Vice Chancellor shall dispose of the matter within a period of two months. It is made clear that I have not expressed any opinion on the merits of the claim put forward by the petitioner. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Vice Chancellor within three weeks. Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks