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

All Saints’ College invited applications for Assistant Professor (English) on 26.09.2021

Following a selection process, respondents 6, 7, and 8 in WP(C) No. 36146/2022 (including Jovita James) were appointed

Two sets of petitioners challenged these appointments: one group (WP(C) 36146/2022) alleged that the appointees were wrongly awarded marks for publications in "predatory" or non-UGC journals to meet an internal 55-mark interview cut-off

another petitioner (WP(C) 13773/2023) challenged Jovita James’s appointment, arguing her experience as a "Guest Lecturer" should not count toward marks under UGC Regulations

Conversely, Jovita James filed WP(C) 5027/2023 after the College Management attempted to nullify her appointment via a show-cause notice, arguing her marks dropped below the cut-off due to co-authored publications

1. Whether a selection process can be challenged based on an internal cut-off mark not prescribed by statute or notification

2. Whether teaching experience as a "Guest Lecturer" is excludable for direct recruitment under the UGC Regulations, 2018

3. Whether "teaching experience" under Table 3B of the UGC Regulations must be calculated based on the 12-month statutory "academic year" or the actual period of instruction/classes

The Court applied the University Grants Commission Regulations, 2018, specifically Regulation 4.1 for direct recruitment qualifications and Table 3B for short-listing scores

It interpreted Regulation 10.0(e), which excludes Guest Lecturer service, as being applicable only to "Career Advancement Scheme" (CAS) promotions, not direct recruitment

It further relied on the definition of "Academic Year" under Section 2(1)(a) of the Kerala University First Statutes, 1977

and the principle of "purposive/contextual construction" as established in Reserve Bank of India v. Peerless General Finance & Investment Co. Ltd. [(1987) 1 SCC 424], which mandates interpreting statutes in the context of their enactment

Regarding Issue 1, the Court found that since the 55-mark cut-off was an internal management tool and not a statutory requirement in the University norms or notification, the petitioners in WP(C) 36146/2022 lacked grounds to void the selection of more meritorious candidates

On Issue 2, the Court distinguished the precedent in Vasundhara G. v. Dr. Sallas Benjamin, ruling that while the Kerala University Act doesn't define "teacher" to include Guest Lecturers, the 2018 UGC Regulations only explicitly exclude such service for CAS, not for direct recruitment scores under Table 3B

On Issue 3, the Court rejected a strict 12-month "academic year" calculation for teaching experience; it held that "teaching experience" must be linked to the actual period the college was open for instruction as per the University calendar

Applying this, the Court recalculated Jovita James’s experience based on Mahatma Gandhi University’s instructional days, finding she actually secured 55.3 marks—minimally above the 55-mark cut-off

It allowed WP(C) No. 5027/2023, quashed the College's proceedings attempting to void Jovita James's appointment, and declared her eligible for the interview and subsequent appointment

The Court ordered the University to approve her appointment and the College to disburse her pending salary within twelve weeks