Madrasdated High Court · 2025

7/18WP No. 3675 of 2025 and batchWP No. 39516 of 2024PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent in its Lr.No.efile/2870/F1/2024-2 dated 23.03.2025, quash the same and consequently direct the second respondent to consider and pass consequential orders on the proposal sent by the third respondent in Na.Ka.No.1697 / Aa / 2021 dated 05.01.2024 by redesignating the petitioners as Associate Professor in Pay band 37400- 67000 with AGP Rs 9,000/- (now Level 13A) with effect from the due date as per the University Grants Commission (Minimum Qualifications for Appointment of Teacher and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 with all consequential benefits including the monetary benefits.(Prayer amended vide order dated 27.11.2025 made in WMP No.45909 of 2025)WP No. 3692 of 2025PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondent No. 1 to direct the Respondent No.2 and 3 to redesignating the Petitioners as Associate Professors in the Pay band 37400-67000 with AGP Rs. 9,000/- with effect from the due date as per the UGC regulations 2010 with all consequential benefits including the monetary benefits to the petitioners.WP No. 3686 of 2025PRAYER Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondent No. 1 to direct the Respondent Nos.2 and 3 to redesignating the Petitioners as Associate Professors in the Pay band 37400-67000 with AGP Rs. 9,000/- with effect from the due date as per the UGC regulations 2010 with all consequential benefits including the monetary benefits to the petitioners.For Petitioner(s):In all writ petitionsMr.K.Thilageswaranfor M/s.Roy And Roy AssociatesFor Respondent(s):Mr.M.R.GokulkrishnanAdditional Government PleaderIn W.P.No.39516/2024 – R1 & R2 https://www.mhc.tn.gov.in/judis 8/18WP No. 3675 of 2025 and batchIn W.P.No.3675/2025 – R1 to R6InW.P.No.3692/25 – R1 to R7In W.P.No.3686/25 – R1 to R10 COMMON ORDERW.P.No.39516 of 2024 has been filed to call for the records of the first respondent in its Lr.No.efile/2870/F1/2024-2 dated 23.03.2025, quash the same and consequently direct the second respondent to consider and pass consequential orders on the proposal sent by the third respondent in Na.Ka.No.1697 / Aa / 2021 dated 05.01.2024 by redesignating the petitioners as Associate Professor in Pay band 37400- 67000 with AGP Rs 9,000/- (now Level 13A) with effect from the due date as per the University Grants Commission (Minimum Qualifications for Appointment of Teacher and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 with all consequential benefits including the monetary benefits.2.W.P.Nos.3675, 3692 & 3686 of 2025 have been filed for a direction directing the second and third respondents to redesignate the petitioners as Associate Professors in the pay band of Rs.37400-67000 with AGP Rs.9,000/-.3.Since the issue involved in all the writ petitions is one and the same, this Court passes a common order. https://www.mhc.tn.gov.in/judis 9/18WP No. 3675 of 2025 and batch4.The case of the petitioners is that the petitioners are working as Associate Professors in the Government Arts and Science College. They are all qualified with PG and M.Phil Degree and they are all eligible to be appointed as Associate Professor as per the UGC Regulations 2010. The career progression for the teaching faculty in Arts and Science Colleges are as per the Career Advancement Scheme (CAS) framed by the University Grants Commission, which are adopted by the State Government in toto or with modifications. The CAS envisages placement in the next higher AGP upon completion of prescribed residency period and satisfaction of parameters for assessment of performance as per the regulations. As per CAS, the movement for an Assistant Professor is from AGP 6000 to AGP 7000 and then to AGP 8000. Thereafter, from AGP 8000, the movement is to Associate Professor with AGP 9000. However, it is not automatic but only upon satisfying the eligibility criteria and assessment of suitability. The eligibility criteria outlined in the UGC Regulations 2010 for Career Advancement of an Assistant Professor for movement from AGP 6000 to AGP 7000 is based on the service requirements and performance criteria. Accordingly, if a candidate possesses Ph.D., he must have put in 4 years of service. If he does not have a Ph.D., but has an M.Phil, then he has to put in 5 years of service. If he does not have a Ph.D. or an M.Phil, then 6 years of service is mandatory. Though the petitioners do not possess Ph.D., they possess M.Phil and they are entitled to be considered for AGP Rs.7000/- upon completion of 5 years from the date of their entry into https://www.mhc.tn.gov.in/judis 10/18WP No. 3675 of 2025 and batchservice. Based on their applications and upon assessment of their performance in accordance with the UGC Regulations 2010, a proposal was sent for approval. However, it was, so far, not considered and pending. 5.In W.P.No.39156 of 2024, pending the writ petition, the request made by the petitioners were rejected and prayer has been amended by challenging the order dated 23.03.2025, on the file of the first respondent. 6.A perusal of the order impugned in W.P.No.39156 of 2024 and the counter filed by the respondents reveal that the petitioners were granted the Career Advancement from Rs.6000 to Rs.7000 as per the UGC Regulations 2010. They were also granted Career Advancement from Rs.7000 to 8000 as per the UGC Regulations 2018. Career Advancement from Rs.8000 to 9000 should be awarded to those who possess Ph.D.qualification. Except the petitioner in W.P.No.39516 of 2024, the rest of the petitioners do not possess any Ph.D. degree, which is mandatory to get Career Advancement from Rs.8000 to 9000. It is further stated that as per G.O.Ms.No.5, Higher Education (H1) Department, dated 11.01.2021, the UGC guidelines 2018 have been implemented by the Government of Tamil Nadu and accordingly, the Career Advancement has been given from 7000 to 8000. Therefore, the Career Advancement from Rs.8000 to Rs.9000 cannot be granted by following the UGC regulations of the year 2010. https://www.mhc.tn.gov.in/judis 11/18WP No. 3675 of 2025 and batch7.The submissions made by either side and a perusal of the records reveal that as per Clause 6.4.6 of UGC Regulations 2010, the Assistant Professors with five years in AGP of Rs.7000 are eligible to move to the AGP of Rs.8000. It does not prescribe Ph.D. as a qualification required for career progression. It was adopted by the Government of Tamil Nadu by G.O.Ms. No.5 Higher Education (H1) Department dated 11.01.2021. Therefore, as per the above regulations, the petitioners are eligible for next higher grade pay. The Government Order in G.O.Ms.No.101 Higher Education (H1) Department, dated 28.05.2018 provides that persons, who had fulfilled the eligibility criteria after 01.04.2015 for the movement of AGP from 7000 to 8000, may be considered in accordance with the UGC Regulations 2010. Therefore, the petitioners upon completion of their eligible period of five years in AGP 7000 have to be granted AGP 8000. While so, in the year 2018, the UGC revised its regulations on the minimum qualifications for appointment and promotion of teachers which are adopted by the Government of Tamil Nadu in G.O.Ms. No.5 Higher Education (H1) Department dated 11.01.2021 with slight modifications with effect from 01.04.2020. Accordingly, paragraph 6.3 of the Government Order states that the criteria for promotion under the Career Advancement scheme will apply from the date of notification of these regulations. Further, the UGC Regulations 2018 introduced the Ph.D. degree as mandatory for promotion of Assistant Professor with AGP of Rs.8000 to the post of Assistant Professor with AGP 9000. Further, G.O.Ms.No.101 Higher Education (H1) https://www.mhc.tn.gov.in/judis 12/18WP No. 3675 of 2025 and batchDepartment, dated 28.05.2018 issued by the first respondent provides that the faculty, after 01.04.2015, for movement from one AGP to another, shall be considered under the UGC Regulations 2010. Though the AGP is to be fixed from the date of eligibility, monetary benefits have to be granted only from 01.04.2018. As far as petitioners are concerned, they are entitled to be considered for movement to AGP 8000 with effect from 2018. As per UGC regulations 2010, there is no requirement of holding a Ph.d. degree. In fact, the third respondent assessed the petitioners’ eligibility and performance by the selection committee and forwarded proposals for movement to AGP 9000 and to redesignate them as Assistant Professor as per the UGC Regulations 2010. Therefore, the petitioners cannot be considered under the UGC Regulations 2018 for movement from AGP 7000 to 8000 instead of applicable UGC Regulations 2010. In this context, it is relevant to extract the clause 6.3 of G.O.Ms. No.5 Higher Education (H1) Department dated 11.01.2021.6.3 The criteria for promotions under Career Advancement Scheme laid down under these Regulations shall be effective from the date of notification of these Regulations. However, to avoid hardship to those faculty members who have already qualified or are likely to qualify shortly under the existing regulations, a choice may be given to them, for being considered for promotions under the existing Regulations. This option can be https://www.mhc.tn.gov.in/judis 13/18WP No. 3675 of 2025 and batchexercised only within three years from the date of notification of these Regulations.8.But it cannot be applied for the petitioners. Further, the petitioners never requested for applying UGC Regulations 2018 for their advancement from AGP 7000 to 8000. But it was applied by the respondent as per their understanding. But, the UGC Regulations 2018 is not at all applicable to the petitioners. Though the Ph.D. degree is a mandatory requirement under the UGC Regulations 2018, in the light of the G.O.Ms.No.101 Higher Education (H1) Department, dated 28.05.2018, which provides for those faculty member, who satisfy the eligibility after 01.04.2015, for movement to AGP 8000, are to be governed only by UGC Regulations, 2010.9.In view of the above, the order impugned in W.P.No.39516 of 2024 cannot be sustained and it is liable to be quashed and accordingly quashed. 10.The respondents 1 to 3 are directed to redesignate the petitioners as Assistant Professors in the pay band 37400-67000 with AGP Rs.9,000/- with effect from the Government Order date as per the UGC Regulations 2010 with all consequential benefits including monetary benefits within a period of six (6) weeks from the date of receipt of a copy of this order. https://www.mhc.tn.gov.in/judis 14/18WP No. 3675 of 2025 and batch11.Accordingly, these writ petitions stand allowed. No costs. WMP Nos.42790 of 2024, 4064, 4078 & 4070 of 2025 are ordered on payment of separate Court fees by each of the petitioners. 27-11-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NosliWP No. 3675 of 2025To1.The State of Tamil Nadu,Rep. By Its Secretary to Government, Higher Education (h-1 Department), Secretariat, Fort St. George, Chennai 600 001.2.The Director of Collegiate Education,Department of Higher Education, No. 577, Anna Salai, Saidapet, Chennai 600 015.3.The Regional Joint Director,Department of Higher Education, Institute of Advanced Study In Education Campus, Saidapet, Chennai 600015.4.The Principal,Queen Mary's College (a), Chennai5.The Principal,Bharathi Women's College, Chennai.6.The Principal,Government Arts College. Nandanam. https://www.mhc.tn.gov.in/judis 15/18WP No. 3675 of 2025 and batchWP No. 39516 of 2024To1.The State of Tamil NaduRep By Its Secretary to Government Higher Education (H-1 Department) Secretariat, Fort St. George Chennai 600 0012.The Directorate of Collegiate EducationNo.577 Anna Salai, Saidapet, Chennai 600 0153.The PrincipalRajeswari Vedachalam Arts College Chennai 603 001.WP No. 3692 of 2025To1.The State of Tamil Nadu,Rep. By Its Secretary to Government, Higher Education (H-1 Department), Secretariat, Fort St. George, Chennai 600 001.2.The Director of Collegiate Education,Department of Higher Education, No. 577, Anna Salai, Saidapet, Chennai 600 015.3.The Regional Joint Director,Department of Higher Education, Government Arts College, Dharmapuri Campus, Dharmapuri - 636 705.4.The Principal,Government Arts College (a), Salem.5.The Principal,Government Arts College, Dharmapuri.6.The Principal,Government Arts College For Men, Krishnagiri. https://www.mhc.tn.gov.in/judis 16/18WP No. 3675 of 2025 and batch7.The Principal,Government Arts And Science College Rishivandhiyam.WP No. 3686 of 2025To1.The State of Tamil Nadu,Rep. By Its Secretary to Government, Higher Education (h-1 Department), Secretariat, Fort St. George, Chennai 600 001.2.The Director of Collegiate Education,Department of Higher Education, No. 577, Anna Salai, Saidapet, Chennai 600 015.3.The Regional Joint Director,Department of Higher Education, 43, 1st West Cross Street , Gandhi Nagar, Vellore 632 006 .4.The Principal,Muthurangam Govt Arts College(autonomous), Vellore-2.5.The Principal,Arignar Anna Government Arts College, Villupuram.6.The Principal,Kalaignarkarunanidhi Government Arts College, Tiruvannamalai.7.The Principal,Periyar Arts College, Silver Beach Road, Devanampattinam, Cuddalore -607001.8.The Principal,Government Thirumagal Mills College, Gudiyatham.9.The Principal, https://www.mhc.tn.gov.in/judis 17/18WP No. 3675 of 2025 and batchSacred Heart College (autonomous), Tirupattur - 635601.10.The Principal,Thirukolanjiapper Government Arts College, Virudhachallam. https://www.mhc.tn.gov.in/judis 18/18WP No. 3675 of 2025 and batchG.K.ILANTHIRAIYAN, J.sliW.P.No s . 39516 of 2024, 3675, 3692 & 3686 of 2025andWMP Nos.42790 of 2024, 4070, 4064 & 4078 of 202527-11-2025(4/4)