### Guest Lecturer experience counts toward direct recruitment teaching scores under UGC Regulations 2018.

In brief

The question

1. Whether the selection of candidates for interview can be challenged based on internal cut-off marks not prescribed by statute

The court held

The Court dismissed W.P(C) Nos. 36146/2022 and 13773/2023, upholding the validity of the selection process and the eligibility of Jovita James

It also directed

It allowed W.P(C) No. 5027/2023, quashing the College's minutes dated 14.11.2022 that sought a fresh interview

The Court held that Jovita James was entitled to 3.9 marks for teaching experience and met the eligibility criteria.

The College was directed to seek approval for her appointment Brom the University and disburse her salary within twelve weeks

01Facts

All Saints’ College, Thiruvananthapuram, invited applications for the post of Assistant Professor (English) via notification dated 26.09.2021

p. 8

Petitioners in W.P(C) No. 36146/2022 challenged the shortlisting of Respondents 6, 7, and 8, alleging they were awarded marks for ineligible publications (e.g., predatory journals or non-peer-reviewed articles) to meet an internal cut-off of 55/60 marks

p. 9

Jovita James (Petitioner in W.P(C) 5027/2023) was initially appointed but later faced a show-cause notice from the Manager alleging her marks dropped to 53.4 because one publication was co-authored (1.4 marks instead of 2)

p. 10

James contended she was entitled to 4 marks for teaching experience, which would place her above the 55-mark threshold

p. 11

The College Management subsequently decided to conduct a fresh interview, which James challenged

p. 12

02Issues

i.1. Whether the selection of candidates for interview can be challenged based on internal cut-off marks not prescribed by statute

p. 17

ii.2. Whether teaching experience as a "Guest Lecturer" can be reckoned for direct recruitment under the UGC Regulations, 2018

p. 20

iii.3. Whether teaching experience marks under Table 3B of the UGC Regulations must be calculated proportionately based on the actual period classes were conducted

p. 25

03Law Applied

The Court applied the UGC Regulations, 2018, specifically Regulation 4.1 regarding direct recruitment

p. 14

Table 3B of Regulation 6, which provides 2 marks per year for teaching experience, reducible proportionately if less than one year

p. 24

It distinguished Regulation 10.0(e), which excludes guest faculty service for "Career Advancement Scheme" (CAS) promotions but does not explicitly bar it for direct recruitment

p. 20

The Court also relied on the principle of "purposive and contextual construction" from Reserve Bank of India v. Peerless General Finance & Investment Co. Ltd. [(1987) 1 SCC 424] to interpret "teaching experience"

p. 27

The principle of judicial non-interference in academic recruitment experts' decisions from B.C. Mylarappa v. Dr. R. Venkatasubbaiah [(2008) 14 SCC 306]

p. 14

Provisions in the judgment · 2

Kerala University First Statute, 1977 Section 2

Kerala University Act, 1974 Section 2

04Reasoning

Regarding W.P(C) 36146/2022, the Court noted that neither the notification nor the UGC Regulations prescribed a mandatory minimum cut-off for interviews; since the 55-mark threshold was purely internal, petitioners had no legal right to challenge the inclusion of others

p. 17

In Jovita James’ case, the Court rejected the argument that Guest Lecturer service is ineligible under Regulation 10.0(e), holding that the exclusion applies strictly to CAS and not to direct recruitment under Regulation 4.1

p. 21

Applying a "purposive interpretation" to Table 3B, the Court held that "teaching experience" refers to the period classes were actually conducted rather than a strict 12-month "academic year" as defined in the Kerala University First Statute, 1977

p. 23, 27

By calculating James’ service against the MG University academic calendar (commencement of classes), and deducting only 12 days of deficiency, the Court found she was entitled to 3.9 marks for experience, totaling 55.3 marks—thus meeting the internal cut-off

p. 26