JUDGMENT : N.NAGARESH, J. The petitioner, who is working as Lecturer Senior Scale in the Department of Economics, St. Thomas College, Ranni, seeks to quash Ext.P30 government advice and to declare that he is entitled to placement/promotion as Assistant Professor Selection Grade / Associate Professor under the Career Advancement Scheme (CAS) of the UGC in the light of Ext.P32 G.O. dated 10.10.2025 and Ext.P33 G.O. dated 22.01.2025. 2. The petitioner was appointed as Junior Lecturer (Pre Degree) in Mar Athanasius College, Kothamangalam on 16.09.1996 on the recommendation of a statutory selection committee consisting of Government nominee and University Subject Experts, as prescribed in the Mahatma Gandhi University Act, 1985 and the statute. The said appointment was approved by the Deputy Director of Collegiate Education as per Ext.P2. 3. Consequent to the implementation of Pre Degree (Abolition) Act, 1997, the petitioner was deployed to Government Higher Secondary School, Erattupetta on working arrangement as per Ext.P3 order dated 09.04.2003. When a substantive vacancy arose in St. Thomas College, Ranni, the petitioner was selected for appointment as Lecturer. The petitioner requested the Mar Athanasius College to relieve him from service with effect from 29.07.2009 to join as Lecturer in St. Thomas College, Ranni. The petitioner was duly qualified to be appointed as Lecturer as he had already passed UGC NET examination in the year 2000. The petitioner had also secured Ph.D Degree in 2021-2023. The petitioner became eligible for grade promotion as Associate Professor. 4. The petitioner states that he qualified the UGC NET examination in 2000 before his deployment in 2003 to Government Higher Secondary School, Erattupetta. The petitioner was relieved from Mar Athanasius College on 29.07.2009 and joined St. Thomas College, Ranni on 30.07.2009. 5. The Mahatma Gandhi University approved the appointment of the petitioner as Assistant Professor as per Ext.P7 order dated 17.02.2011. The petitioner sought promotion and placement as Senior Scale Lecturer and Selection Grade Lecturer counting his previous service rendered in Mar Athanasius College and Government Higher Secondary School. His request was rejected by the MG University as per Ext.P8 letter dated 03.01.2012. The petitioner thereupon approached the Government. The matter was placed before an Adalat conducted by the Department of Higher Education on 22.02.2019. A decision was taken as per Ext.P9 directing the petitioner to submit a new proposal to the University. 6. The Mar Athanasius College submitted Ext.P10 proposal on 21.03.2019. The petitioner thereupon approached the Government. The matter was placed before an Adalat conducted by the Department of Higher Education on 22.02.2019. A decision was taken as per Ext.P9 directing the petitioner to submit a new proposal to the University. 6. The Mar Athanasius College submitted Ext.P10 proposal on 21.03.2019. The petitioner's promotion to Lecturer Senior Scale with effect from 24.12.2006 was approved by the MG University as per Ext.P11. 7. The petitioner states that with his UGC NET qualification and Ph.D Degree, he is entitled to be promoted as Associate Professor. However, Ext.P11 appointment of the petitioner has not been approved by the Government. The petitioner states that in view of Ext.P13 GO dated 01.06.2012, Teachers who were appointed in the Pre Degree vacancies are eligible for placement under the Career Advancement Scheme. One Sri. Ouseppachan K.V. and Sr. Gracy C.C., who were deployed to Government Schools at the time of delinking Pre Degree, were given placement under the CAS. 8. The Mar Athanasius College has been engaging the petitioner in Degree and PG classes as evidenced by Ext.P26. The Mahatma Gandhi University has deputed the petitioner as Examiner to another Arts and Science College as per Ext.P27. But, to the surprise and predicament of the petitioner, the Principal Secretary, Higher Education Department issued Ext.P30 advice stating that the prior service of the petitioner cannot be considered for grade promotion under the CAS of the UGC. The Finance Department of the Government of Kerala issued Ext.P31 G.O. dated 17.06.2025 disallowing previous teaching service for CAS placements. 9. Later, Ext.P32 G.O. was issued. The offending paragraph in Ext.P31 which disallowed counting of prior service for promotion/placement under the CAS was deleted. In the facts of the case, Ext.P30 Government Advice is liable to be set aside and the 3 rd respondent-University is compellable to grant approval to the promotion of the petitioner as Assistant Professor Selection Grade with effect from 24.12.2014 and as Associate Professor with effect from December, 2021 with all consequential benefits. 10. The 9 th respondent-Deputy Director of Collegiate Education resisted the writ petition filing counter affidavit. The 9 th respondent stated that based on the UGC Regulation 2010, the qualifications for the post of Junior Lecturer is lower than the qualifications prescribed by the UGC for Assistant Professor. The post of Lecturer is equivalent grade in the pre-revised scale of Assistant Professor. The 9 th respondent stated that based on the UGC Regulation 2010, the qualifications for the post of Junior Lecturer is lower than the qualifications prescribed by the UGC for Assistant Professor. The post of Lecturer is equivalent grade in the pre-revised scale of Assistant Professor. The petitioner has been working in the post of Junior Lecturer. Past service of Junior Lecturer cannot be counted for placement. 11. The University filed a statement in the writ petition. The University stated that orders promoting the petitioner to the Senior Scale has not been approved by the Department of Collegiate Education. By Ext.P30, the Government has clarified that the qualification prescribed for the post of Junior Lecturer is lower than that of the post of Lecturer under the UGC Scheme. Therefore, prior service in the post of Junior Lecturer and also in the post of HSST cannot be counted for promotion to Senior Scale / Selection Grade. 12. The 1 st respondent-Mar Athanasius College filed counter affidavit. The 1 st respondent submitted that the petitioner was qualified to be appointed as Lecturer in a College since he had already qualified in the UGC NET examination during the year 2000 and had secured Ph.D. Therefore, the 3 rd respondent-University had issued Ext.P7 giving approval to the appointment of the petitioner as Assistant Professor with effect from 30.07.2009. 13. I have heard the learned counsel for the petitioner, the learned counsel for the 1 st respondent, the learned Standing Counsel representing respondents 3 and 4 and the learned Senior Government Pleader representing respondents 5 to 10. 14. The petitioner commenced service as Junior Lecturer on 16.09.1996. He cleared UGC NET Examination in December, 2000. Consequent to abolition of Pre Degree course in Kerala, the petitioner was deployed to a Government Higher Secondary School on 09.04.2003. While working in the Higher Secondary School the petitioner was selected and appointed as Lecturer / Assistant Professor in St. Thomas College on 30.07.2009. The petitioner is continuing in the said College. 15. The pay scales of Teachers in Universities and Affiliated Colleges, Teachers in Law Colleges and Engineering Colleges and Kerala Agricultural University and qualified Teachers in Physical Education and qualified Librarians, etc. were revised as per Ext.P12 Government Order dated 21.12.1999. Ext.P12 stated that Government has decided to delink Pre Degree classes from Colleges. 15. The pay scales of Teachers in Universities and Affiliated Colleges, Teachers in Law Colleges and Engineering Colleges and Kerala Agricultural University and qualified Teachers in Physical Education and qualified Librarians, etc. were revised as per Ext.P12 Government Order dated 21.12.1999. Ext.P12 stated that Government has decided to delink Pre Degree classes from Colleges. In order to accommodate Teachers, the Government created a special category of Junior Teachers to take classes exclusively for Pre Degree. The qualification of these Teachers was fixed as PG with 50% marks and B.Ed. Ext.P12 stated that all the Teachers with UGC qualifications would be retained in the College stream even after the completion of Pre Degree delinking in 2000. 16. The petitioner was UGC NET qualified when he was deployed to Government Higher Secondary School on 09.04.2003. The deployment to a Higher Secondary School was as a consequence of implementation of the Pre Degree (Abolition) Act. The petitioner joined as Lecturer / Assistant Professor in the 2 nd respondent-College on 30.07.2009. 17. The Mahatma Gandhi University approved the appointment of the petitioner as Lecturer Senior Scale on 19.03.2020 taking into consideration the fact that the petitioner has six years service as Lecturer. The decision contained in Ext.P11 was with the approval of the Syndicate of the University. However, the Government declined to grant approval to Ext.P11 decision as per Ext.P30. 18. The Government had earlier issued Ext.P13 order dated 01.06.2012 and ordered that the Teachers who were appointed in the Pre Degree vacancies and are continuing without sufficient work load and those who are appointed against the vacancies in conditionally sanctioned courses which were regularised later, will be eligible for placement under the CAS envisaged in the UGC Scheme without considering the aspect of work load. It is therefore evident that Teachers, who were appointed in the Pre Degree Scheme, are also eligible for placement under the CAS. 19. Ext.P14 GO dated 19.06.2013 also stated that the service rendered by the Teachers in Higher Secondary Schools can be counted for placement under the CAS provided they satisfy other conditions regarding participation in refresher/orientation courses prescribed in the UGC Scheme. 20. 19. Ext.P14 GO dated 19.06.2013 also stated that the service rendered by the Teachers in Higher Secondary Schools can be counted for placement under the CAS provided they satisfy other conditions regarding participation in refresher/orientation courses prescribed in the UGC Scheme. 20. Ext.P15 Government communication addressed to the Registrar of the Kannur University also indicate that if the Teachers possess UGC qualification at the time of appointment as Junior Lecturers, then the service rendered by them in Higher Secondary Schools at the time of delinking of Pre Degree can be counted for placement under CAS, provided they satisfy other conditions in the UGC Scheme. Exts.P16 and P18 communications given to the University of Kerala and Mahatma Gandhi University by the Government are also to be same effect. 21. Ext.P20 is an order passed by the Principal Secretary, Government of Kerala and addressed to the Director of Collegiate Education wherein a similarly situated Teacher named Joliamma Mathew, who was also a Junior Lecturer, was granted the benefit of CAS. Exts.P21, P22, P23 and P24 would also show that benefit of CAS placement promotion have been granted to other similarly situated Teachers who were initially appointed as Junior Lecturers and who were also deployed to Government Higher Secondary Schools consequent to the abolition of Pre Degree. In the facts and circumstances of the case, I am of the view that the petitioner who has UGC NET and Ph.D qualifications has been subjected to hostile discrimination by respondents 5 to 10. 22. Ext.P30 Government Advice is therefore set aside. It is declared that the petitioner is entitled to placement/promotion as Assistant Professor Selection Grade / Associate Professor under the CAS of the UGC in the light of Exts.P32 and P33 Government Orders. The 3 rd respondent- University is directed to grant approval to the promotion to the petitioner as Assistant Professor Selection Grade with effect from 24.12.2014 and as Associate Professor with effect from December, 2021. Respondents 7 to 10 are directed to make available to the petitioner consequential monetary benefits. The writ petition is disposed of as above.