JEE G Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners in these writ petitions are Assistant Professors in aided colleges affiliated to the Mahatma Gandhi University.

(2.) The learned counsel for the petitioners relies on decisions of Apex Court in Govind Das and others v. The Income Tax Officer and another, (1976) 1 SCC 906, State of Rajasthan v. Basant Agrotech (India) Ltd.

(3.) A detailed counter affidavit has been filed by the University wherein it is contended that the UGC Scheme had been approved by the Government w.e.f. 18.9.2010 and the petitioners are claiming the benefits of higher pay scale and emoluments on the basis of the Scheme. It is contended that the University had adopted the Scheme and notified the requirements of the Scheme by University letter dated 1.8.2011 and Exhibit P2 is only an amendment to the same. It is therefore contended that the norms for preparation of API score is introduced for the first time with retrospective effect from 18.9.2010 is factually incorrect. It is stated that the Scheme had been notified as early as on 1.8.2011 and Ext.P2 only changes its date of application from 31.8.2008 to 18.9.2010. It is further contended that a Full Bench of this Court has held that all the provisions of the UGC Regulations are applicable to all Universities, Colleges and teachers who are covered by such Regulations without any specific adoption of the same by the University concerned and that therefore the contentions raised is completely untenable.