Leave granted.
2. The appellant herein was working as Reference Assistant in
the University1. He was promoted to the post of Assistant Librarian vide
order dated 06.04.2010 w.e.f. 23.07.2008 as he had requisite
qualifications, i.e., MLISC2 and M.Phil in Library Science from VMU3.
M.Phil degree was obtained by him in December 2007. A decision was
taken by the Academic Council of the University on 03.04.2013 holding
that the degrees acquired through Distance Education from VMU
Signature
Digitally signedcannotNot Verifiedby be considered for promotion under University Grants
1 Kerala Agricultural University
2 Masters Degree of Library & Information Sciences
3 Vinayak Missions University Commission Scheme. The Executive Council endorsed the decision of
the Academic Council on 14.08.2014. The action was sought to be taken
against the appellant as he had been granted promotion on the basis of
his qualification of M.Phil from VMU, on a complaint made by
respondent No. 1. Two Writ Petitions were filed in the High Court—first
by the appellant-Sebastian Dominic seeking quashing of the decisions
taken by the Academic Council and the Executive Council refusing to
accept the degrees awarded by VMU through Distance Education and
second by K. Harris challenging promotion of Sebastian Dominic and
Sherly B to the post of Assistant Librarian. Further prayer was made for
grant of promotion to him with retrospective effect from 24.06.2008.
The Single Judge of the High Court4 opined that the action was taken
by the Academic Council in view of the complaint made by K. Harris
regarding validity of M.Phil degree of the appellant. Despite the
decisions of the Academic Council and the Executive Council, the
matter was still kept pending and consequential orders were not being
passed. Direction was issued for passing the appropriate order within
a period of one month from the date of receipt of copy of the order. The
writ petition filed by the appellant was dismissed. The Division Bench
4 High Court of Kerala at Ernakulam of the High Court in a challenge to the common order passed by the
Single Bench upheld the same.
3. Learned counsels for the parties have addressed arguments
on a legal issue that M.Phil degree obtained by the appellant from VMU
was not valid and therefore, he was ineligible for grant of promotion to
the post of Assistant Librarian from the date he acquired that
qualification. However, considering the fact that the appellant was
granted promotion with effect from 23.07.2008 and continued working
till he retired from service on attaining the age of superannuation on
31.01.2018, in our opinion, the present appeals can be disposed of
while leaving the question of law open but not disturbing the promotion
already given to the appellant as he has already retired from service
more than five years back. Ordered accordingly. Whatever benefits
have been granted to him shall not be disturbed.
New Delhi November 30, 2023.