in the case of Dr.A.Balamurugan v. The Barathiar University, as follows

W.P.No.8553 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 01.02.2024CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.8553 of 2023W.Rose Varuna ... Petitioner-Vs-1. The Registrar, Bharathiar University, Coimbatore – 641 046.2. University Grant Commission (UGC), Bahadur Shah Zafar Marg, New Delhi-110 002. ... RespondentsPrayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent in his proceedings No.E7/CAS/Pro./20026-4/2023 dated 16.02.2023 and to the extent that promotion is granted to the petitioner from the post of Assistant Professor Stage-I to Assistant Professor Stage-II with effect from 06.03.2019 and to quash the same as being illegal and unsustainable in law to the extent stated herein above and for a consequential direction to the 1st respondent to give effect to the promotion order from 11.04.2017. Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 For Petitioner : M/s.Kavitha RameshwarORDERThis writ petition has been filed challenging the proceedings issued by the first respondent dated 16.02.2023, thereby revised the pay scale and refix the same and also ordered to recover the excess payment from the petitioner. 2.The petitioner has been appointed as an Assistant Professor in the department of Information Technology in the first respondent university on 28.02.2011. Her service was regularized on 13.04.2015 from the date of joining. His probation was also declared on 16.12.2016 from 11.04.2013. The respondent university had called for applications under the Career Advancement Scheme (hereinafter called as “CAS”) and the petitioner made application for promotion from Stage-I to Stage-II as an Assistant Professor. Accordingly, the first respondent promoted the petitioner from Assistant Professor Stage-I to Stage-II with effect from 06.03.2019 in the pay band of Rs.15600-39100 with AGP of Rs.6000/-. Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 3.As per the CAS norms, the petitioner is eligible for counting of past services. It is also to be counted for the purpose of promotion under CAS. She had also completed one orientation course that was held from 18.11.2015 to 15.12.2015 and one refresher course from 13.02.2019 to 05.03.2019 as required under the norms. He was given promotion with effect from 06.03.2019 by an order dated 16.02.2023. However, the counting of his past service has not been carried out and her promotion was not revised from 28.02.2011.4.In pursuant to the circular issued by the first respondent dated 09.07.2021, called for application from eligible faculty members for promotion under UGC-CAS. The petitioner submitted her application for his promotion from Assistant Professor Stage II to Stage III along with necessary documents. However, it was not considered. In respect of audit slip forwarded by the first respondent, it is pending. Though the petitioner made several representation to the audit objection raised by the third respondent, it was not considered. The requirement for orientation and refresher course for promotion due under the CAS shall not be mandatory upto 31.12.2018. However, the audit slip is still pending and kept alive. Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court.6.The learned counsel appearing for the petitioner relied upon the order passed this Court in W.P.No.20558 of 2018 dated 15.06.2022 in the case of Dr.A.Balamurugan Vs. The Barathiar University, as follows:-“15. Now the controversy is in a very narrow compass, and the issue to be decided is as to whether the petitioner is entitled to get promotion to the post of Assistant Professor Stage-II with effect from 07.03.2013 or from 14.06.2014. 16. The only hurdle for the petitioner to get such promotion from 07.03.2013 instead of 14.06.2014 is that, the petitioner completed the refresher course only on 13.06.2016, which was one of the essential qualification as per the 2010 Regulations. 17. However, the 2018 UGC Regulations made it clear that till 31.12.2018 the requirement of orientation and refresher course shall not be treated as mandatory one, and thereby that can be dispensed with. Therefore, based on the requirement of refresher course or orientation course the promotion need not be delayed to any incumbent like the petitioner in view of the 2018 UGC Regulations, which has in fact been adopted by the State Government in G.O.Ms.No.5 dated 11.01.2021. Therefore, the benefit of the UGC Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 Regulations 2018 followed by the Rule of the State Government, which adopted the 2018 Regulations can very well be extended to the petitioner. If that being so, the petitioner would be entitled to hold the post of Assistant Professor Stage II with effect from 07.03.2013 instead of 14.06.2014. Therefore, this Court feels that the impugned order can be interfered with to that extent. 18. In the result, the following orders are passed in this writ petition.* That the impugned order giving promotion to the petitioner to the post of Assistant Professor Stage II to the extent 'with effect from 14.06.2014' is hereby set aside. * As a sequel, there shall be a direction to the respondent University to confer such promotion to the petitioner ie., Assistant Professor Stage II with effect from 07.03.2013 and accordingly the consequential service benefits also can be conferred on the petitioner. * The needful as indicated above shall be undertaken by the respondent University within a period of eight weeks from the date of receipt of a copy of this order.”Thus, it is clear that till 31.12.2018, the requirement of orientation and refresher course shall not be treated as mandatory one and it can be dispensed with. Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 7.Further the Hon'ble Division Bench of this Court in the judgment dated 20.10.2023 passed in W.A.No.224 of 2023 etc., batch in the case of Dr.R.Prabhakaran Vs. The Registrar, Bharathiar University and ors., held that even if the State government is a body that funds the university, the State government cannot under the guise of auditing the accounts of the university, interfere with the internal administration of the university, which power of the university includes the power to make appointments as well as further promotions. Therefore, the third respondent completely ignored the factual background as well as the circumstances in which the petitioner claims to be appointed as Assistant Professors in the respondent university under the UGC plan and more importantly, that it was beyond their power as well as jurisdiction under the Tamil Nadu Local Fund Audit Act, 2014 as well as under the Bharathiar University Act, 1981, to have raised objections with regard to the validity of the appointments made under the UGC XI Plan. Further the UGC regulations of the year 2018 have also been adopted by the Government in G.O.Ms.No.5 Higher Education Department, dated 11.01.2021, wherein it has be reiterated the requirement of orientation and refresher course for promotion due under Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 the CAS shall not be mandatory upto 31.12.2018. Hence, the impugned proceedings shall not be sustained and liable to be quashed. 8.Accordingly, the impugned proceedings dated 16.02.2023 passed by the first respondent is hereby quashed and the Writ Petition stands allowed. There shall be no orders as to costs. 01.02.2024 Internet: YesIndex : Yes/NoSpeaking/Non Speaking ordergvnTo1. The Registrar, Bharathiar University, Coimbatore – 641 046.2. University Grant Commission (UGC), Bahadur Shah Zafar Marg, New Delhi-110 002. Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 G.K.ILANTHIRAIYAN. J,gvnW.P.No.8553 of 2023 01.02.2024Page 8 of 8

W.P.No.8553 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 01.02.2024CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.8553 of 2023W.Rose Varuna ... Petitioner-Vs-1. The Registrar, Bharathiar University, Coimbatore – 641 046.2. University Grant Commission (UGC), Bahadur Shah Zafar Marg, New Delhi-110 002. ... RespondentsPrayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent in his proceedings No.E7/CAS/Pro./20026-4/2023 dated 16.02.2023 and to the extent that promotion is granted to the petitioner from the post of Assistant Professor Stage-I to Assistant Professor Stage-II with effect from 06.03.2019 and to quash the same as being illegal and unsustainable in law to the extent stated herein above and for a consequential direction to the 1st respondent to give effect to the promotion order from 11.04.2017. Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 For Petitioner : M/s.Kavitha RameshwarORDERThis writ petition has been filed challenging the proceedings issued by the first respondent dated 16.02.2023, thereby revised the pay scale and refix the same and also ordered to recover the excess payment from the petitioner. 2.The petitioner has been appointed as an Assistant Professor in the department of Information Technology in the first respondent university on 28.02.2011. Her service was regularized on 13.04.2015 from the date of joining. His probation was also declared on 16.12.2016 from 11.04.2013. The respondent university had called for applications under the Career Advancement Scheme (hereinafter called as “CAS”) and the petitioner made application for promotion from Stage-I to Stage-II as an Assistant Professor. Accordingly, the first respondent promoted the petitioner from Assistant Professor Stage-I to Stage-II with effect from 06.03.2019 in the pay band of Rs.15600-39100 with AGP of Rs.6000/-. Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 3.As per the CAS norms, the petitioner is eligible for counting of past services. It is also to be counted for the purpose of promotion under CAS. She had also completed one orientation course that was held from 18.11.2015 to 15.12.2015 and one refresher course from 13.02.2019 to 05.03.2019 as required under the norms. He was given promotion with effect from 06.03.2019 by an order dated 16.02.2023. However, the counting of his past service has not been carried out and her promotion was not revised from 28.02.2011.4.In pursuant to the circular issued by the first respondent dated 09.07.2021, called for application from eligible faculty members for promotion under UGC-CAS. The petitioner submitted her application for his promotion from Assistant Professor Stage II to Stage III along with necessary documents. However, it was not considered. In respect of audit slip forwarded by the first respondent, it is pending. Though the petitioner made several representation to the audit objection raised by the third respondent, it was not considered. The requirement for orientation and refresher course for promotion due under the CAS shall not be mandatory upto 31.12.2018. However, the audit slip is still pending and kept alive. Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court.6.The learned counsel appearing for the petitioner relied upon the order passed this Court in W.P.No.20558 of 2018 dated 15.06.2022 in the case of Dr.A.Balamurugan Vs. The Barathiar University, as follows:-“15. Now the controversy is in a very narrow compass, and the issue to be decided is as to whether the petitioner is entitled to get promotion to the post of Assistant Professor Stage-II with effect from 07.03.2013 or from 14.06.2014. 16. The only hurdle for the petitioner to get such promotion from 07.03.2013 instead of 14.06.2014 is that, the petitioner completed the refresher course only on 13.06.2016, which was one of the essential qualification as per the 2010 Regulations. 17. However, the 2018 UGC Regulations made it clear that till 31.12.2018 the requirement of orientation and refresher course shall not be treated as mandatory one, and thereby that can be dispensed with. Therefore, based on the requirement of refresher course or orientation course the promotion need not be delayed to any incumbent like the petitioner in view of the 2018 UGC Regulations, which has in fact been adopted by the State Government in G.O.Ms.No.5 dated 11.01.2021. Therefore, the benefit of the UGC Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 Regulations 2018 followed by the Rule of the State Government, which adopted the 2018 Regulations can very well be extended to the petitioner. If that being so, the petitioner would be entitled to hold the post of Assistant Professor Stage II with effect from 07.03.2013 instead of 14.06.2014. Therefore, this Court feels that the impugned order can be interfered with to that extent. 18. In the result, the following orders are passed in this writ petition.* That the impugned order giving promotion to the petitioner to the post of Assistant Professor Stage II to the extent 'with effect from 14.06.2014' is hereby set aside. * As a sequel, there shall be a direction to the respondent University to confer such promotion to the petitioner ie., Assistant Professor Stage II with effect from 07.03.2013 and accordingly the consequential service benefits also can be conferred on the petitioner. * The needful as indicated above shall be undertaken by the respondent University within a period of eight weeks from the date of receipt of a copy of this order.”Thus, it is clear that till 31.12.2018, the requirement of orientation and refresher course shall not be treated as mandatory one and it can be dispensed with. Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 7.Further the Hon'ble Division Bench of this Court in the judgment dated 20.10.2023 passed in W.A.No.224 of 2023 etc., batch in the case of Dr.R.Prabhakaran Vs. The Registrar, Bharathiar University and ors., held that even if the State government is a body that funds the university, the State government cannot under the guise of auditing the accounts of the university, interfere with the internal administration of the university, which power of the university includes the power to make appointments as well as further promotions. Therefore, the third respondent completely ignored the factual background as well as the circumstances in which the petitioner claims to be appointed as Assistant Professors in the respondent university under the UGC plan and more importantly, that it was beyond their power as well as jurisdiction under the Tamil Nadu Local Fund Audit Act, 2014 as well as under the Bharathiar University Act, 1981, to have raised objections with regard to the validity of the appointments made under the UGC XI Plan. Further the UGC regulations of the year 2018 have also been adopted by the Government in G.O.Ms.No.5 Higher Education Department, dated 11.01.2021, wherein it has be reiterated the requirement of orientation and refresher course for promotion due under Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 the CAS shall not be mandatory upto 31.12.2018. Hence, the impugned proceedings shall not be sustained and liable to be quashed. 8.Accordingly, the impugned proceedings dated 16.02.2023 passed by the first respondent is hereby quashed and the Writ Petition stands allowed. There shall be no orders as to costs. 01.02.2024 Internet: YesIndex : Yes/NoSpeaking/Non Speaking ordergvnTo1. The Registrar, Bharathiar University, Coimbatore – 641 046.2. University Grant Commission (UGC), Bahadur Shah Zafar Marg, New Delhi-110 002. Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8553 of 2023 G.K.ILANTHIRAIYAN. J,gvnW.P.No.8553 of 2023 01.02.2024Page 8 of 8