Supreme Court Allows Promotion of Kerala University Employee Despite Distance Degree Uncertainty

Two Writ Petitions were filed in the High Court—first by the appellant-Sebastian Dominic seeking quashing of the decisions taken by the Academic Council and the Executive Council refusing to accept the degrees awarded by VMU through Distance Education and second by K. Learned counsels for the parties have addressed arguments on a legal issue that M.Phil degree obtained by the appellant from VMU was not valid and therefore, he was ineligible for grant of promotion to the post of Assistant Librarian from the date he acquired that qualification. Whatever benefits have been granted to him shall not be disturbed.

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Learned counsels for the parties have addressed arguments on a legal issue that M.Phil degree obtained by the appellant from VMU was not valid and therefore, he was ineligible for grant of promotion to the post of Assistant Librarian from the date he acquired that qualification. However, considering the fact that the appellant was granted promotion with effect from 23.07.2008 and continued working till he retired from service on attaining the age of superannuation on 31.01.2018, in our opinion, the present appeals can be disposed of while leaving the question of law open but not disturbing the promotion already given to the appellant as he has already retired from service more than five years back. Ordered accordingly. Whatever benefits have been granted to him shall not be disturbed.

Case Title: SEBASTIAN DOMINIC Vs. K. HARRIS

Case Number: C.A. No.-007885-007886 / 2023

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