Dr.D.Asokan v. The Vice - Chancellor

ORDER The instant writ petition has been filed seeking a direction to the respondents to designate the petitioner's professor with effect from 05.03.2018 and issue necessary orders confirming under CAREER ADVANCEMENT SCHEME of the respondents University pursuant to the university Letter No. AU/CAS/2018 Dated 08.08.2018 with stipulated period.

2.Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3.The learned counsel for the petitioner would submit that the issue has already been decided and the same is no longer res integra in view of the Division Bench order made in W.A.No.1807 of 2022 etc., batch [S.K.Nagarajan Vs. The Vice Chancellor and another], which factum is not disputed by the learned counsel for the respondents. In this regard, it is relevant to extract paragraphs 19 & 20 of the aforementioned Division Bench judgment, Page3 of 4 which read as follows:- "19. At this juncture, it is also pertinent to mention that unlike in the case of ordinary promotions, the issue of seniority is not interlinked to the promotions which are given to the faculty under the UGC career advancement scheme. As such, there would be no ensuing problem of seniority being either flouted or unsettled by granting of promotions to the teaching faculty on the basis of their eligibility under the UGC Regulations from a retrospective date from which they become eligible for the promotional post.

¶20In view of the above analysis and reasoning, we hold that the appellants are entitled to dual/ double promotion as long as they fulfil the eligibility criteria as mentioned in the UGC Regulations, and they cannot be denied their right to be considered for promotion on account of the inaction or failure of the respondent University in conducting CAS promotions by constituting the Screening -cum -Evaluation Committee as required under the Regulations. In other words, it is made clear that the appellants did not work as Associate Professor for the required number of years, shall not stand in the way of their being promoted to the post of Professor, if the promotion to be given to them for the post of Associate Professor relates back to the date from which their service being counted, would make them eligible for the post of Professor or the next level promotional post." Page4 of 4 C.KUMARAPPAN J. KMI

4.This Court has carefully perused the submissions of the learned counsel on both sides.

5.On perusal of the same, the present case squarely comes within the ratio laid down by the Hon'ble Division Bench.

6.In such view of the above position, this Writ Petition is ordered as prayed for. The respondent-University is directed to consider the claim of the petitioner seeking further promotion to the post of Professor, if he is otherwise qualified. No costs. 13-08-2026 Index: Yes/No Speaking/Non-speaking order KMI To

1.The Vice - Chancellor Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District 608 002.

2.The Registrar Annamalai University, Annamalainagar 608 002, Chidambaram.

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Dr.D.Asokan S/o.S.Duraisamy, Assistant Professor, Government Arts College For Women, Kummakoam. ..Petitioner(s) Vs 1. The Vice - Chancellor Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District 608 002. 2. The Registrar Annamalai University, Annamalainagar 608 002, Chidambaram. ..Respondent(s) Writ Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to designate the petitioner's professor with effect from 05.03.2018 and issue necessary orders confirming under CAREER ADVANCEMENT SCHEME of the respondents University pursuant to the university Letter No. AU/CAS/2018 Dated 08.08.2018 with stipulated period. Page2 of 4 For Petitioner(s): Mr.T.Dharani M.Sarath Kumar For Respondent(s): Mr.S.Venkatesh for M/s.Ajmal Associates for R1 & R2 ******