LAILA T ABRAHAM Vs. MAHATMA GANDHI UNIVERSITY, KOTTAYAM

JUDGEMENT

(1.) The petitioner, a Deputy Librarian, promoted in the year 2008 acquired Ph.d in the year 2017. The petitioner was considered for promotion as Librarian in the University (Stage V) under the Career Advancement Scheme and selected to the post. However, the Syndicate, noting that the petitioner does not have experience of three years after acquiring Ph.d, referred the matter to the Government for clarification. The petitioner, challenging the decision of the Syndicate, has approached this Court. The issue in the writ petition revolved around interpretation of the relevant provisions of the UGC Scheme. It is appropriate to refer the relevant clause, namely, clause 6.4(iii) which reads thus:

(2.) Learned Standing Counsel appearing for the University submits that the petitioner's service of three years as Deputy Librarian will have to be after acquiring Ph.D qualification and then alone the petitioner can be considered as eligible.

(3.) The question that arises for consideration is whether the 'experience' as referred in the clause is one 'after acquiring Ph.D qualification' or not. It is more of an interpretation of the plain language of the provisions as above and nothing else. Nowhere it is stated that the qualification of experience must be 'after acquiring Ph.D'. The clause simply says 'experience of three years in the post of Deputy Librarian with Ph.D qualification'. That means, before being considered for promotion, the Deputy Librarian must acquire Ph.D qualification. This is more so by the reason that for direct recruitment, there is no insistence of Ph.D qualification in the post of Librarian. Thirteen years experience as Deputy Librarian would be sufficient.