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Legal News 01 August 2023

“We are making it very clear, to some extent High Court is wrong”: SC on Kerala HC order to treat Priya Varghese’s Ph.D. period as teaching experience

उच्चतम न्यायालय (Supreme Court) ने कन्नूर विश्वविद्यालय (Kannur University) में प्रिया वर्गीज की नियुक्ति मामले में केरल उच्च न्यायालय (Kerala High Court) के उस आदेश के खिलाफ विश्वविद्यालय अनुदान आयोग (UGC) की अपील पर नोटिस जारी किया, जिसमें पीएचडी (Ph.D.) की अवधि को शिक्षण अनुभव (teaching experience) के रूप में गिनने की अनुमति दी गई थी।

The Supreme Court (SC) of India was hearing a matter related to the appointment of Priya Varghese as Associate Professor at Kannur University treating the period spent by her to pursue her Ph.D. to be counted as teaching experience. The SC issued notice on the appeal against the order of the Kerala High Court (HC) filed by the University Grants Commission (UGC). A two-judge bench of the SC including Justice KV Vishwanathan and Justice JK Maheshwari heard the matter on July 31. Priya Varghese is the wife of K.K. Ragesh, who is the private secretary to Chief Minister Pinarayi Vijayan. During the Court proceedings, the UGC contended that the High Court made a mistake in treating the period spent by Varghese to pursue her Ph.D. to be counted as her teaching experience. Justice Maheshwari orally remarked, “We are making it very clear, to some extent High Court is wrong”. 

The High Court (HC) in its judgment stated that “The prohibition against inclusion of the time taken for acquiring a Ph.D. degree in the computation of teaching/research experience is one that applies to ‘candidates’ by which term is intended a person who is not working as a teacher in any institution at the time of applying for the teaching post in question. ‘Faculty members’, on the other hand, refers to persons who are already working as teachers in an institution  at the time of applying for the teaching post in question, and for them, the period spent on pursuing a research degree simultaneously with teaching assignment and without taking any kind of leave, will count towards teaching experience.” 

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Frequently Asked Questions

Why did the Supreme Court issue notice in Priya Varghese case?

The Supreme Court issued notice on an appeal filed by the UGC against the Kerala High Court order regarding counting Priya Varghese Ph.D. period as teaching experience for her appointment at Kannur University.

Who were the Supreme Court judges hearing the UGC appeal?

The matter was heard by a two-judge bench comprising Justice JK Maheshwari and Justice KV Vishwanathan on July 31.

What oral remark did the Supreme Court make about the High Court order?

Justice Maheshwari orally remarked during the proceedings that to some extent the High Court is wrong.

How did the Kerala High Court distinguish candidates from faculty members?

The High Court stated that the prohibition on counting Ph.D. acquisition time applies to candidates not working as teachers, whereas faculty members pursuing a research degree simultaneously without leave can count that period towards teaching experience.