P a g e | 1 APHC010352682023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 7th DAYOF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 18223 OF 2023 Between: 1. Dr D MABUNI, W/o, S. Aquter Babuaged about 52 years, Assistant Professor,Department of Computer Science,Dravidian University,R/o. Kuppam, Chittoor District, Andhra Pradesh. ...Petitioner AND 1. DRAVIDIAN UNIVERSITY, represented by its RegistrarSrinivasavanam, Kuppam,Chittoor District, Andhra Pradesh. ...Respondent Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or direction more particularly in the nature of writ of mandamus,declaring the action of the Respondent University in issuing proceedings in DU/Estt/E-2/327/CAS/2018 dated 24.05.2018 in so far as awarding the Petitioner higher Academic Grade Pay (AGP) of Rs.7,000/- under Career Advancement Scheme (CAS) only with effect from 01.10.2016 instead of awarding the same w.e.f. 01.10.2015 on completion of 5 years service as Assistant Professor, and in not awarding higher Academic Grade Pay from Rs.7,000/- to Rs.8,000/- with effect from 01.10.2020 on completion of 10 years service as Assistant Professor, as arbitrary, illegal, discriminatory, mala fide and violative of the UGC Regulations 2010, P a g e | 2 G.O.Ms.No.14, Higher Education (UE.II) Department dated 20.02.2010, and G.O.Ms.No.38, Higher Education (UE) Department dated 23.06.2016 and violative of the fundamental rights guaranteed to the Petitioner under the Constitution of India and consequently direct the Respondent University to award the Petitioner higher Academic Grade Pay (AGP) of Rs.7,000/- with effect from 01.10.2015 and also to award higher Academic Grade Pay (AGP) of Rs.8,000/- with effect from 01.10.2020 along with all attendant consequential benefits that I would be entitled to thereon and pass IA NO: 1 OF 2023 Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent to consider the case of the Petitioner for award of higher AGP of Rs.7,000/- with effect from 01.10.2015 on par with similarly situated candidates duly keeping in view the Minutes of the Screening-cum- Evaluation Committee dated 19.07.2017, the clarificatory Communication No.DO.No.F12-1/2010 (PS) dated 17.08.2015 issued by UGC, pending disposal of the above Writ Petition, and pass IA NO: 1 OF 2024 Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the Petitioner for filing the Reply Affidavit by dulycondoning the delay in filing the same and pass Counsel for Petitioner: S SRI RAM REDDY Counsel for Respondent: KOTESWARA RAO MUTHINENI (STANDING COUNSEL FOR DRAVIDIAN UNIVERSITY) The Court made the following order: P a g e | 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 18223 OF 2023 ORDER: 1. This Writ Petition is filed for the following relief: “…….to issue an appropriate order or direction more particularly in the nature of writ of mandamus, declaring the action of the Respondent University in issuing proceedings in DU/Estt/E- 2/327/CAS/2018 dated 24.05.2018 in so far as awarding the Petitioner higher Academic Grade Pay (AGP) of Rs.7,000/- under Career Advancement Scheme (CAS) only with effect from 01.10.2016 instead of awarding the same w.e.f. 01.10.2015 on completion of 5 years service as Assistant Professor, and in not awarding higher Academic Grade Pay from Rs.7,000/- to Rs.8,000/- with effect from 01.10.2020 on completion of 10 years service as Assistant Professor, as arbitrary, illegal, discriminatory, malafide and violative of the UGC Regulations 2010, G.O.Ms.No.14, Higher Education (UE.II) Department dated 20.02.2010, and G.O.Ms.No.38, Higher Education (UE) Department dated 23.06.2016 and violative of the fundamental rights guaranteed to the Petitioner under the Constitution of India and consequently direct the Respondent University to award the Petitioner higher Academic Grade Pay (AGP) of Rs.7,000/- with effect from 01.10.2015 and also to award higher Academic Grade Pay (AGP) of Rs.8,000/- with effect from 01.10.2020 along with all attendant consequential benefits that petitioner would be entitled to thereon…….” 2. Brief averments of the petitioner’s case are that: (i) After completing her M.Sc. (Computer Science) in the year 2005, petitioner joined M.Phil. course in Computer Science through distance mode at Madurai Kamaraj University in the year 2006. She completed her written examinations in November, 2007; however, her P a g e | 4 viva-voce was conducted on 30.09.2013, and she was awarded M.Phil. degree in Computer Science on 29.05.2014. (ii) Petitioner was selected and appointed as an Assistant Professor in the respondent-University on 01.10.2010, in the pay scale of Rs.15,600/-–39,100/- with an Academic Grade Pay (AGP) of Rs.6,000/-. On 05.12.2016, the University issued a notification inviting applications from eligible candidates for grant of higher AGP under the Career Advancement Scheme (CAS). Pursuant thereto, petitioner submitted her application seeking advancement from the AGP of Rs.6,000/- to the next higher AGP of Rs.7,000/-, contending that she had completed five years of service as an Assistant Professor by 01.10.2015 and had also acquired M.Phil. degree, which was the requisite qualification under Regulation 6.4.3 of the UGC Regulations governing the qualifications for appointment of teachers and other academic staff in Universities and Colleges. (iii) Pursuant to the said application, Screening-cum-Evaluation Committee constituted by the University considered petitioner’s case and recommended her for grant of higher AGP. However, notwithstanding the said recommendation, benefit was not extended to the petitioner. Aggrieved thereby, petitioner filed W.P.No.16870 of 2018 before this Court. (iv) This Court, by order dated 02.05.2018, directed respondent- University to consider petitioner’s case under the Career Advancement P a g e | 5 Scheme. Thereafter, respondent-University passed the impugned order dated 24.05.2018, rejecting petitioner’s claim for the higher AGP. Challenging the said order, the present writ petition has been filed. 3. Respondent-University filed counter-affidavit, contending that petitioner, appointed as Assistant Professor on 01.10.2010 with M.Sc., subsequently obtained an M.Phil. through distance education and submitted the Course Completion Certificate in December 2014. It is further contended that, since M.Phil. was obtained through distance mode, it did not qualify for advancement under the Career Advancement Scheme (CAS). As per UGC Regulations, 2010, G.O.Ms.No.14 dated 20.02.2010 and G.O.Ms.No.38 dated 23.06.2016, and the UGC clarification dated 17.08.2015, petitioner became eligible for Stage-II only after completing six years of service. Accordingly, AGP of Rs.7,000/- was granted from 01.10.2016. Petitioner's claim for advancement from 01.10.2015 was referred to the Government for clarification, but the issue remained pending while petitioner furnished further particulars regarding her M.Phil., qualification. As regards Stage-III with AGP of Rs.8,000/-, petitioner furnished assessment particulars for 2015-16 to 2019- 20 instead of the required period of 2016-17 to 2020-21, and hence her claim was not considered. As per Section 27 of the Dravidian University Act, 1997, requiring prior Government approval for financial commitments, and refers to subsequent directions for reviewing irregular CAS promotions and recovering benefits, wherever applicable. Therefore, respondent denies petitioner's entitlement to Stage-II from 01.10.2015 and Stage-III from 01.10.2020, while P a g e | 6 stating that appropriate action would be taken upon receipt of the Government's clarification, and seeks dismissal of the writ petition. 4. Heard Sri S. Sri Ram Reddy, learned counsel for petitioner and Sri Koteswara Rao Muthineni, learned Standing Counsel for Dravidian University. 5. The impugned order fixes the date of effect of petitioner’s benefit under the Career Advancement Scheme (CAS) as 01.06.2016, although she was eligible for the said benefit with effect from 01.10.2015. Pursuant to the representation submitted by petitioner, University, by its clarification dated 09.02.2022, treated her case under Regulation 6.4.4 instead of Regulation 6.4.3, on the premise that she did not possess an M.Phil. or Ph.D. degree. Consequently, petitioner was required to complete six years of service under Regulation 6.4.4, and the benefit of CAS was extended to her only upon completion of the said period. 6. As stated above, petitioner had acquired her M.Phil. degree in 2014, before completing four years of service from the date of her appointment. She was, therefore, eligible for the benefit under the applicable Regulations. UGC has also clarified that an Assistant Professor who acquires an M.Phil. or Ph.D. degree within five years from the date of appointment is eligible to move from AGP Rs.6,000/- to AGP Rs.7,000/- upon completion of the prescribed period of service. UGC has further clarified that if an incumbent acquires an M.Phil. or Ph.D. degree after completing the prescribed period of service but before completing six years of service, he/she shall be eligible to move to Stage II P a g e | 7 (AGP Rs.7,000/-) from the date of award of the degree, subject to fulfillment of the other conditions prescribed by the UGC. Since petitioner had acquired her M.Phil. degree in 2014, before completing four years of service, she was entitled to the benefit of Stage II (AGP Rs.7,000/-) in accordance with the Regulations. 7. In the present case, it is undisputed that petitioner completed her M.Phil. degree, which was awarded by the University on 29.04.2014. However, in the counter-affidavit, respondent raised an objection that M.Phil. degree obtained by petitioner through distance education cannot be treated as a valid qualification, as the UGC Guidelines issued in 2009 prohibited the award of such qualification through the distance mode. The said Guidelines were gazetted on 17.07.2009. The relevant provision reads as follows: 3. They shall come into force with effect from the date of their publication in the Gazette of india. 4. All Universities, Institutions, Deemed to be Universities and Colleges/Institutions of National Importance shall be eligible for conducting M.Phill and Ph.D. programmes. 5. Notwithstanding anything contained in these Regulations or any other Rule or regulation, for the time being in force, no University, Institution, Deemed to be University and College/Institution of National Importance shall conduct M.Phill and Ph.Dprogrammes through distance education mode. From the above, it is evident that, with effect from 11.07.2009, the date on which the 2009 Regulations came into force, no University could conduct M.Phil. or Ph.D. programmes through the distance mode of education. P a g e | 8 8. In the present case, the impugned order does not speak about the validity of petitioner’s M.Phil. degree but proceeds on the basis that petitioner does not possess an M.Phil. or Ph.D. degree. However, in the counter- affidavit, respondent/University contended that M.Phil. degree obtained by petitioner through distance mode is not a valid qualification in view of Regulation 5 of the UGC Regulations, 2009. 9. As stated above, 2009 UGC Regulations came into force on 11.07.2009, whereas petitioner was admitted to M.Phil. programme in 2006 and completed her examination in 2007. The delay in issuing M.Phil. certificate was not attributable to petitioner but was due to the delay at the University. Petitioner was ultimately awarded M.Phil. degree on 29.05.2014, before completion of four years of service as an Assistant Professor. Under Regulation 6.4.3 of the UGC Regulations, 2010, petitioner, having acquired her M.Phil. qualification within the prescribed period, was entitled to benefit of CAS upon completion of five years of service, i.e., with effect from 01.10.2015. Even if the qualification had been acquired after completion of the requisite period of service, petitioner would have been entitled to the benefit from the date of acquisition of the qualification, subject to the applicable conditions. In the present case, petitioner had acquired the M.Phil. degree on 29.05.2014, well before completion of five years of service, and was therefore entitled to the benefit of CAS under Regulation 6.4.3. Although respondent contends that M.Phil., degree obtained through distance mode is invalid, no material has been placed on record to establish that petitioner’s M.Phil. qualification, P a g e | 9 pursuant to her admission in 2006, was invalid. Petitioner’s admission was made prior to 11.07.2009, when the prohibition on conducting M.Phil. and Ph.D. programmes through distance mode came into force. The issue concerning students admitted to such programmes prior to 11.07.2009 was also considered pursuant to the judicial enquiry conducted by a retired Judge of this Court in respondent-University. It was clarified that students admitted prior to 11.07.2009 were permitted to continue and complete their M.Phil. and Ph.D., programmes, whereas admissions made thereafter were discontinued. Petitioner, having been admitted in 2006, the regulations of UGC are applicable with effect from 11.07.2009, therefore, cannot be denied the benefit of her M.Phil. qualification on the ground that the programme was subsequently prohibited through distance mode. 10. Learned counsel for petitioner has drawn the attention of this court to the judgment of the coordinate Bench of this Court in W.P.No.23372 of 2021, with particular reference to the proceedings dated 08.11.2022. Pursuant thereto, the Enquiry Officer submitted report to the Government on 13.06.2023. Thereafter, the Executive Council of the University, in its meeting held on 27.06.2023, considered the said report and resolved as hereunder: “Resolved to process all the dissertations/these of Off campus M.Phil/Ph.D scholars, who were admitted during the academic years 2007-08 and 2008-09 before the UGC cut off date of 11.07.2009 and award Degrees to the eligible candidates, provided there are no court cases restraining the University to award Degrees to them. In respect of the scholars admitted prior to 11.07.2009 and court cases are pending, it is resolved to wait for the final orders of the Hon’ble High Court in the matter. P a g e | 10 Resolved to write to UGC seeking permission to process the dissertations/theses of M.Phil/Ph.Ds submitted by the candidates, whose admissions are after 11.07.2009, giving all details and justification…” 11. Based on the said resolution, this Court was pleased to direct the University to complete the process in respect of the scholars who had been admitted prior to 11.07.2009, enabling them to complete their respective courses, and to treat the degrees awarded to such scholars as valid. In the light of the aforesaid circumstances, the objection raised by the respondent- University that the petitioner’s M.Phil. degree cannot be recognized merely because it was pursued through distance mode cannot be sustained. 12. Consequently, petitioner’s M.Phil. qualification is liable to be taken into consideration for the purpose of determining her eligibility under Regulation 6.4.3 of UGC Regulations. Having acquired the said qualification on 29.05.2014, i.e., prior to completion of five years of service from the date of her appointment on 01.10.2010, petitioner is entitled to be considered for advancement to Stage-II carrying AGP of Rs.7,000/- upon completion of the prescribed five years of service, subject to fulfillment of the other conditions under the CAS. 13. In view of the foregoing, this Writ Petition is allowed, setting aside the impugned order and directing the respondent-University to consider petitioner’s case for grant of benefits under the Career Advancement Scheme (CAS) from the scale of Rs.6,000/- to Rs.7,000/- and, thereafter, from Rs.7,000/- to Rs.8,000/-, upon completion of five (05) years and ten (10) years P a g e | 11 of services, respectively, subject to the fulfillment of the other eligibility conditions prescribed under the applicable Regulations. Respondent- University shall pass appropriate orders and settle all the benefits in accordance with law, within a period of four (04) months from the date of receipt of a copy of this order. No order as to costs. Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 07.09.2026 SAK P a g e | 12 190 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 18223 OF 2023 Date: 07.09.2026 SAK