The appellant worked as a Reference Assistant at the University and was promoted to Assistant Librarian in 2010 based on his qualifications, including an M.Phil in Library Science from VMU. However, a decision in 2013 stated that degrees obtained through Distance Education from VMU wouldn’t be considered for promotion under the University Grants Commission Scheme. This decision was endorsed by the Executive Council in 2014. The appellant faced action for his promotion based on VMU qualifications due to a complaint. Two writ petitions were filed in the High Court, challenging the decisions and seeking promotion with retrospective effect. The Single Judge directed the authorities to pass appropriate orders within a month but dismissed the appellant’s writ petition. The Division Bench upheld this decision.
The main legal argument revolved around the validity of the appellant’s M.Phil degree from VMU. Despite this, the court decided not to delve into the legal question, considering the appellant had already been promoted in 2008 and continued working until his retirement in 2018. The court decided to leave the legal question open but maintained the promotion and benefits granted to the appellant, as he had retired over five years ago.
The case revolves around the professional journey of an individual referred to as the appellant, who initially held the position of Reference Assistant at a university. In recognition of his qualifications, Including an MLISC and M.Phil in Library Science from VMU, he was promoted to the role of Assistant Librarian in 2010, effective from July 23, 2008. Notably, the M.Phil degree was obtained in December 2007.
However, a significant turn of events occurred when the Academic Council of the University made a decision on April 3, 2013. This decision, later endorsed by the Executive Council on August 14, 2014, stipulated that degrees acquired through Distance Education from VMU would not be considered for promotion under the University Grants Commission Scheme. Subsequently, action was initiated against the appellant based on a complaint filed by respondent No. 1.
In response to these developments, the appellant filed two Writ Petitions in the High Court. The first, by Sebastian Dominic, sought to quash the decisions made by the Academic Council and the Executive Council, contesting the refusal to acknowledge degrees awarded by VMU through Distance Education. The second Writ Petition was filed by K. Harris, challenging the promotion of Sebastian Dominic and another individual, Sherly B, to the position of Assistant Librarian. Additionally, the plea sought retroactive promotion from June 24, 2008.
The Single Judge of the High Court, after considering the circumstances, opined that the Academic Council’s decision was influenced by a complaint regarding the validity of the appellant’s M.Phil degree. Despite the decisions made by the Academic Council and the Executive Council, the matter remained pending, and consequential orders were not issued. The Single Judge directed the authorities to pass an appropriate order within a month but ultimately dismissed Sebastian Dominic’s Writ Petition. Subsequently, the Division Bench of the High Court upheld this decision in a challenge to the common order passed by the Single Bench.
The legal arguments presented focused on the contention that the appellant’s M.Phil degree from VMU was invalid, rendering him ineligible for promotion. However, the court, considering the appellant’s promotion in 2008 and his continuous service until retirement in January 2018, opted not to delve into the legal intricacies. The court decided to keep the legal question open while affirming the promotion and ensuring that the benefits granted to the appellant would not be disturbed, given his retirement over five years ago.
In conclusion, the judgment reflects a complex legal journey surrounding the appellant’s promotion from Reference Assistant to Assistant Librarian based on qualifications, including an M.Phil degree from VMU. The Academic Council’s decision, backed by the Executive Council, to not recognize degrees obtained through Distance Education from VMU for promotion created a legal dispute.
Despite legal arguments questioning the validity of the appellant’s M.Phil degree, the court chose not to delve into this matter deeply. Instead, the court emphasized that the appellant had already been granted promotion in 2008 and had served until his retirement in 2018. In light of this, the court decided to leave the legal question open but affirmed the appellant’s promotion and safeguarded the benefits granted to him, considering his retirement over five years ago.
This conclusion suggests a pragmatic approach by the court, acknowledging the appellant’s lengthy service post-promotion and opting to preserve the status quo rather than retroactively challenging the promotion. It also underscores the importance of considering the practical implications and timeline of events in legal decisions, steering away from disrupting established circumstances, particularly when an individual has already retired from service.
AREEBA , LLYOD LAW COLLEGE , First year Legal Journalism Intern at Legal Vidhiya
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