IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 30857 of 2007(W) ------------------------------------------ PETITIONER: ------------------------ DR.ALICE ANTONY, ASSOCIATE PROFESSOR, REGIONAL AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY AGRICULTURAL PRODUCTION COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE VICE CHANCELLOR, KERALA AGRICULTURE UNIVERSITY, KAU POST VELLANIKKARA, THRISSUR. 3. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY KAU POST, VELLANIKKARA, THRISSUR. GOVERNMENT PLEADER SRI. T.T.MOHAMMED FOR R1 BY SRI. RENJITH THAMPAN, SC, KERALA AGRICULTURAL UTY-R2&R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30857/2007 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(P) NO.171/99 DTD. 21/12/99. EXT.P2: COPY OF THE G.O.(P) NO.40/2002/H.EDN. DTD. 30/04/2002. EXT.P3: COPY OF THE REQUEST DTD. 13/07/2007. RESPONDENT'S EXHIBIT: EXT.R2(A): COPY OF THE LETTER NO.GA/L2/32637/07 DTD. 26/10/2007. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 30857 OF 2007 W = = = = = = = = = = = = = = Dated this the 23rd day of September 2008 J U D G M E N T The petitioner is asserting her claim to be promoted as Professor, relying on clause 6.29 of the 1996 UGC Scheme, she being an Associate Professor equivalent to Reader effective from 14.1.1990, and possessing Ph.D. that she acquired on 22.10.2005, I do not think an adjudication on the merits of the claim is necessary for the disposal of this case. 2. The respondents would contend that under the Rules, though, Ph.D is an essential qualification for Reader, in terms of clause 5.7 of 1986 UGC Scheme promotions effected prior to 25.6.1990 were protected. According to them it was in view of the protection so provided that the promotion of the petitioner as Associate Professor with effect from 14.1.1990 was maintained despite the fact that she did not have a Ph.D at that time. It is stated that now that the petitioner has claimed promotion as W.P.(C) No.30857/2007 - 2 - Professor, relying on clause 6.29 of Ext. P1, they have sought a clarification from the 1st respondent as per Ext. R2(a) and the same is awaited. In view of this what is necessary is that the 1st respondent should take up, consider and pass orders on Ext. R2(a) on an expeditious basis. 3. Therefore writ petition is disposed of directing that the 1st respondent pass order on Ext.R2(a) as expeditiously as possible, at any rate within 2 months of receipt of a copy of this judgment. It is clarified that depending upon the clarification offered by respondents 2 and 3 on Ext. R2(a) the claim of the petitioner for promotion as Professor will be considered by respondents 2 and 3 and appropriate decision in this regard shall be taken without any further delay. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-