InCivil Appeal No. 7885 of 2023 -SC- Supreme Court declines to disturb promotion & benefits of retired assistant librarian despite qualification concerns
Justice Vikram Nath & Justice Rajesh Bindal [30-11-2023]

Read Order: Sebastian Dominic V. K. Harris & Others Etc.

Chahat Varma

New Delhi, December 4, 2023: In a recent decision, the Supreme Court has upheld the promotion of a librarian who obtained an M. Phil degree through distance education. While the Court left open the question of the validity of the degree, it held that the promotion should not be disturbed as the librarian had already retired from service.

Briefly stated,the appellant, who was employed as a Reference Assistant at Kerala Agricultural University, had been promoted to the role of Assistant Librarian effective from 23.07.2008 due to possessing the necessary qualifications, including an MLISC (Masters Degree of Library & Information Sciences) and an M. Phil in Library Science from Vinayak Missions University (VMU), obtained in December 2007. However, the Academic Council of the University, on 03.04.2013, decided that degrees obtained through distance education from VMU would not be considered for promotion under the University Grants Commission Scheme, a decision subsequently endorsed by the Executive Council. The appellant faced action following a complaint by K. Harris, respondent No. 1, challenging the acceptance of the appellant's M. Phil qualification from VMU. In response, two writ petitions were filed in the Kerala High Court, one by the appellant, Sebastian Dominic, seeking to quash the decisions made by the Academic Council and the Executive Council. The second writ was filed by K. Harris, contesting the promotions of Sebastian Dominic and Sherly B to the position of Assistant Librarian.

The Single Judge of the High Court expressed the opinion that the action was taken by the Academic Council due to a complaint made by K. Harris regarding the validity of the appellant's M. Phil degree. Despite decisions made by the Academic Council and the Executive Council, the matter was kept pending, and consequential orders were not being passed. Consequently, a direction was issued for passing the appropriate order within a period of one month. The appellant's writ petition was subsequently dismissed, and the Division Bench of the High Court, in a challenge to the common order passed by the Single Bench, upheld the same.

Legal arguments were presented by the counsels regarding the validity of the appellant's M. Phil degree obtained from VMU. The central contention was that the said degree was deemed invalid, rendering the appellant ineligible for promotion to the position of Assistant Librarian, effective from the date of acquiring that qualification.

However, despite the legal issue regarding the validity of the appellant's M. Phil degree, the division bench of Justice Vikram Nath and Justice Rajesh Bindal considered that, given the appellant's promotion from 23.07.2008 until retirement on 31.01.2018, the appeals could be disposed of without disrupting the granted promotion.

The bench decided to leave the legal question open but upheld the promotion, considering the appellant's retirement more than five years ago. The order also stipulated that benefits granted to the appellant would not be disturbed.