Pursuit Of Ph.D. Not Counted As Teaching Experience, Except When Done Simultaneously With Teaching Duties: UGC Tells Apex Court In Priya Varghese Nepotism Case

The University Grants Commission (UGC) has filed a Rejoinder Affidavit before the Supreme Court in a SLP against the Judgment of the Division Bench of the Kerala High Court upholding the selection of Priya Varghese, the wife of Kerala Chief Minister Pinarayi Vijayan's private secretary, to the post of Associate Professor at Kannur University.

In the Affidavit, the UGC stated that Varghese, who was appointed as an associate professor in Kannur University's Malayalam Department, has no real teaching experience.

"That respondent no. I (Priya Varghese) has miserably failed to address the issue raised by the petitioner regarding-whether respondent no. 1 did her research work while pursuing her Ph.D., simultaneously with teaching assignments, without taking any leave," it read.

Highlighting the UGC Regulations, 2018, the Affidavit stated, "It is clearly made out that the time taken to acquire Ph.D. degree will not be counted research/teaching experience, except if it is done simultaneously with teaching assignment without taking any kind of leave."

"As per Regulation 4.1(I) of the 'UGC Regulations, 2018, the requirement of 'experience of teaching' refers to actual experience and not that which can be construed or inferred, as the post of Associate Professor holds extreme importance to both a University and a College," the Affidavit read.

Pertinently, on July 31, 2023, the Court had issued notice in SLP by UGC. While issuing the notice in the SLP, the Bench had observed that the "Kerala High Court's interpretation was wrong to some extent" but did not stay the order. The Bench had, however, ordered that the appointment of Priya Varghese, which was made based on the judgment of the Kerala High Court, will be subject to the final outcome of the present SLP.

The UGC in its SLP, submitted that the Single Judge had correctly held that the scrutiny committee of the University committed a grave error in accepting the assertion of Priya Varghese that she had the experience of teaching while pursuing PhD under the Faculty Development Programme as the experience of teaching is ‘actual teaching experience’, and admittedly the Priya, while pursuing her PhD was not burdened with any teaching assignment and was a full-time Research Scholar.

"..the Hon’ble High Court further ignored and failed to appreciate the observations/findings of the Ld. Single Judge that when the UGC, the author of the Regulations itself has taken a stand, then how can the court go beyond it or at variance to the same, particularly since, the binding precedents of the Hon’ble Supreme Court render the law that the Regulations of the UGC will override any contrary position in a Statute or a Legislation of the State", said the SLP.

By its Judgment, the Division Bench allowed the appeal of Priya Varghese and set aside the single judge's decision of November 17, 2022, and held that the time spent by Priya on research under the Faculty Development Programme of the Kannur University is entitled to be reckoned towards the research experience stipulated for the post. The Court held that merely on account of having pursued a research degree simultaneous with her teaching assignment, the research period will not be excluded from being counted as experience.

Cause Title: University Grants Commission v. Priya Varghese [SLP (C) No. 15816/2023]

Click here to read/download the Affidavit