High Court · 2025

WP(MD). No.26790 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Orders Reserved on : 24.10.2025Orders Pronounced on : 28 .11.2025CORAMTHE HONOURABLE MR. JUSTICE K.KUMARESH BABUWP(MD). No.26790 of 2025andW.M.P(MD).No.20783 of 2025S.Sivakumar, ... PetitionerVsThe Registrar,Madurai Kamaraj University, Madurai 625 021. ... RespondentPRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the order in Ref.No.Estt.-II/T/2025 dated 11.09.25 on the file of the respondent and quash the same and further directing the respondent to promote the petitioner to the post of Professor under CAS 2022 vide notification dated 16.12.2022 by considering the application dated 27.01.23 within the time frame stipulated by this court.For Petitioner : Mr.G.Prabhu Rajadurai For Respondent : Mr.S.Ragatheesh Kumar for M/s.Isacc Chambers 1/9 https://www.mhc.tn.gov.in/judis WP(MD). No.26790 of 2025 ORDERThis Writ Petition has been filed to call for the records of the order in Ref.No.Estt.-II/T/2025 dated 11.09.2025 on the file of the respondent and quash the same and further directing the respondent to promote the petitioner to the post of Professor under CAS 2022 vide notification dated 16.12.2022 by considering the application dated 27.01.2023 within the time frame stipulated by this court. 2. The petitioner was recruited as Assistant Professor in the Department of Organic Chemistry in the respondent university. The petitioner had been qualified with Bachelor's degree in Chemistry in Madras University. Thereafter, in the year 2001, the petitioner completed Master's in Chemical Sciences at Pondicherry University and he was conferred with Ph.D in the year 2008. The UGC regulation on minimum qualifications for appointment of teacher and other academic staffs in University and College and measures for maintenance of standard in high education in 2018, contemplates mandate for effecting time bound promotions which has also been adopted by the Government of Tamil Nadu vide G.O.(Ms).No.5 dated 11.01.2021. He would further submit 2/9 https://www.mhc.tn.gov.in/judis WP(MD). No.26790 of 2025that the respondent being a University is also bound to comply with the provisions of the UGC regulations. He would further submit that by proceedings dated 23.11.2016, the petitioner was conferred with promotion from level 10/ stage 1 to level 11/ stage II with effect from 24.03.2014. Thereafter, he was promoted to 12/ stage III in the post of Assistant Professor from 11.05.2017.3. The respondents by proceedings dated 16.12.2022 called for appointments for effecting promotion in all stages inclusive of the promotion to the post of professor on 27.01.2023 (Academic Level 14) under CAS. The cut-off date of submission of application was extended from 27.01.2023 to 09.02.2023. He would further submit that the petitioner had applied for promotion to the post of professor on 27.01.2023 and also been secured 272.8 marks. In the mean time, he had also completed three years of service in the post of Associate Professor on 10.05.2023 and thereby he had become eligible to the post of the professor. He would further submit that even though, the application was submitted as early as January 2025, scrutinization had taken place and thereby petitioner was awarded under the Mark of 272.8. A minimum 3/9 https://www.mhc.tn.gov.in/judis WP(MD). No.26790 of 2025mark of 110 entitles the applicant for further stage of selection process and the eligible persons called for the interview. However, the petitioner had not been called for interview, which was scheduled on 13.02.2024. On verification, it was found that on the date of application, the petitioner was not eligible. Hence, the petitioner has sent a representation to the respondent on 12.02.2024 pointing out that the petitioner is eligible for consideration for the post of Assistant Professor, which had been rejected holding that the eligibility of the petitioner to be considered for promotion to Assistant professor had been attained by the petitioner beyond the period of three months and with liberty to the petitioner to apply in the upcoming CAS by referring to 63(I) of the Said regulation. He would further submit that a teacher can also be considered for promotion on an application under writing within three months in advance of the due date and when he fulfils all the requirements under the scheme can be considered for promotion from the date or after the date of on which the teacher fulfils the eligibility conditions. Hence, he would submit that even though the petitioner had not fulfilled the required period in the post of Assistant Professor, since he was about to complete the said period within a period of three months from the date of 4/9 https://www.mhc.tn.gov.in/judis WP(MD). No.26790 of 2025notification, he would be entitled for being benefited under the scheme. Therefore, he seeks the indulgence of this Court.4. Countering his arguments, the learned counsel for the respondent University would submit that admittedly, the petitioner has not reached the eligibility as on the date of notification or atleast on the date of the application and therefore, the petitioner's claim could not be considered. He would further submit that the petitioner cannot be said to be reached the eligibility within a period of three months from the date of his application. Therefore, he prays this Court to dismiss this writ petition. 5. I have considered the rival submissions made by the learned counsels appearing on either side.6. Admittedly, the notification was issued on 16.12.2022 calling for applications for promotion under the Career Advance Scheme prescribing the last dated 27.01.2023. The last date for application had been extended to 09.02.2023. It is also not disputed that the petitioner has submitted the application on 27.01.2023.5/9 https://www.mhc.tn.gov.in/judis WP(MD). No.26790 of 2025 7. The regulation 6.3-I is extracted hereunder:" A teacher who wishes to be considered for promotion under the CAS may submit in writing to the university /college, within three months in advance of the due date, that he/she fulfils all the requirements under the CAS and submit to the university/college the Assessment Criteria and Methodology Proforma as evolved by the university concerned supported by all credentials as per the Assessment Criteria and Methodology guidelines set out in these Regulations. In order to avoid any delay in holding the Selection Committee meetings for various positions under the CAS, the University /College may initiate the process of screening/selection, and complete the process within six months from the receipt of application. Further, in order to avoid any hardship, the candidates who fulfil all other criteria mentioned in these Regulations, as on and till the date on which these regulations are notified, can be considered for promotion from the date, on or after the date, on which they fulfil these eligibility conditions." 8. Under the Career Advance Scheme, a university teacher is entitled to submit an application within three months in advance of the due date, claiming to fulfil all the requirements under the scheme. If he is found eligible as per the regulations, such a university teacher can be 6/9 https://www.mhc.tn.gov.in/judis WP(MD). No.26790 of 2025considered for promotion from the said date or after the date they fulfill the eligible conditions. In the present case, the applications were called for indicating the last date as 27.01.2023, which also stood extended till 09.02.2023. Taking into account the admitted date on which the petitioner has become eligible (i.e) 10.05.2023 and applying the regulations as extracted supra. The petitioner would have been entitled to submit an application to the university on 11.02.2023. As the dates on which the applications were called for and the last date for submission fell before the date on which, the petitioner was eligible to apply under this scheme. Even if 6.3(I) of the regulation is applied, the application filed by the petitioner is much before the said date.9. This Court is of the view that the claim of the petitioner cannot be entertained for the aforesaid reasons. Accordingly, this Writ Petition is dismissed. No Costs. Consequently, connected miscellaneous petition is closed. 28.11.2025TTA 7/9 https://www.mhc.tn.gov.in/judis WP(MD). No.26790 of 2025TOThe Registrar,Madurai Kamaraj University, Madurai 625 021.8/9 https://www.mhc.tn.gov.in/judis WP(MD). No.26790 of 2025 K.KUMARESH BABU,J TTA ORDER IN WP(MD) No.26790 of 2025 Date : 28/10/20259/9