JUDGMENT : 1. The petitioner, who is in the service of the Mahatma Gandhi University, is before this Court seeking to direct the respondents to grant promotion to the petitioner as Deputy Librarian with effect from 01.06.2021 with all consequential benefits. The petitioner seeks to declare that the post of Deputy Librarian sanctioned as per Ext.P10 Ordinance governs the field and the petitioner being the seniormost qualified Assistant Librarian Grade-I, which forms a feeder category, is entitled to be promoted as Deputy Librarian with effect from 01.06.2021. 2. The petitioner was initially appointed as Library Assistant in the University of Kerala as per Ext.P1 order dated 01.11.1996. The petitioner was granted an Inter University Transfer as Library Assistant and the petitioner came to serve under the Mahatma Gandhi University. In the Mahatma Gandhi University, the petitioner was promoted as Technical Assistant on 18.11.1998, as Reference Assistant on 14.01.2014 and as Assistant Librarian Grade-II as per Ext.P7 order dated 10.08.2018. The petitioner was thereafter promoted as Assistant Librarian Grade-I as per Ext.P8 order dated 01.12.2020. 3. The petitioner states that the petitioner possesses the qualification of Degree in Bachelor of Library and Information Science and subsequently, she has also acquired Post Graduate Degree in Master of Library and Information Science. The petitioner is fully qualified to be considered for promotion to the post of Deputy Librarian. The post is sanctioned as per the University Ordinance, contends the petitioner. The petitioner’s request for promotion remains unheeded. 4. The petitioner states that under the Kerala University First Ordinance, 1978, which is followed by the Mahatma Gandhi University, the University Librarian has five categories of posts namely, Deputy Librarian, Assistant Librarian, Reference Assistant, Technical Assistant and Library Assistant. Next promotional avenue of Assistant Librarian is Deputy Librarian. The appointment to the post of Deputy Librarian is by way of promotion as per the Ordinance. 5. The petitioner states that when the University refused to fill up the vacancy of Deputy Librarian earlier, certain candidates filed W.P.(C) No.8669/2007, which was disposed of as per Ext.P12 judgment. In Ext.P12 judgment, this Court declared that the post of Deputy Librarian sanctioned in Ext.P10 Ordinance will not cease to exist merely for the reason of implementation of UGC Scheme and it continues to operate and the vacancy is liable to be filled up. 6. In Ext.P12 judgment, this Court declared that the post of Deputy Librarian sanctioned in Ext.P10 Ordinance will not cease to exist merely for the reason of implementation of UGC Scheme and it continues to operate and the vacancy is liable to be filled up. 6. The petitioner states that a vacancy of Deputy Librarian arose in the University due to retirement of Smt. Laila T.Abraham on 31.03.2019. One Sri.Sreekumar V., who was the seniormost Assistant Librarian, filed W.P.(C) No.8870/2019 seeking promotion to the post. This Court allowed the writ petition as per Ext.P13 judgment. Though this Court declared that Sri. Sreekumar V was entitled to be promoted as Deputy Librarian, this Court did not issue a direction to grant promotion to Sri. Sreekumar V with effect from 01.04.2019, the date of occurrence of vacancy. The said Sreekumar V therefore filed R.P.No.722/2019 seeking to review Ext.P13 judgment. The said Review Petition was allowed by this Court as per Ext.P14. On the basis of Ext.P14 order, Sri. Sreekumar V was granted promotion as Deputy Librarian with effect from 01.04.2019, the date of occurrence of vacancy, as per Ext.P15. 7. When the post again became vacant, the next seniormost Assistant Librarian Grade-I in the feeder category Smt.Jayasri P.B. was entitled to be promoted as Deputy Librarian. The University declined promotion to Smt. Jayasri P.B. also. The said Jayasri P.B. filed W.P.(C) No.7067/2021 and the writ petition was disposed of by this Court as per Ext.P17 judgment directing the University to consider the claim of Jayasri P.B. 8. The petitioner states that the post was again became vacant and the petitioner is the next seniormost Assistant Librarian Grade-I fully qualified to be promoted. However, till date the respondents have not granted promotion to the petitioner as Deputy Librarian with effect from 01.06.2021. The action of the respondents in not promoting the petitioner as Deputy Librarian with effect from 01.06.2021 is illegal and arbitrary, contends the petitioner. 9. The petitioner contends that the Hon’ble Apex Court has held in the judgment in Ajit Singh and others v. State of Punjab and others [(1997) 7 SCC 209] that the right to be considered for promotion is a fundamental right. 9. The petitioner contends that the Hon’ble Apex Court has held in the judgment in Ajit Singh and others v. State of Punjab and others [(1997) 7 SCC 209] that the right to be considered for promotion is a fundamental right. Again, in the judgment in Sarabjit Singh v. Ex.Major B.D. Gupta and others [ (2000) 7 SCC 67 ], the Apex Court reiterated the above law and further held that the fundamental right to be considered for promotion gets crystallised once the employee falls within the zone of consideration. Therefore, the respondents are compellable to consider the petitioner for promotion to the post of Deputy Librarian. 10. The petitioner would further urge that Ext.P10 is the Ordinance that governs the field even today in the Mahatma Gandhi University. The post of Deputy Librarian is sanctioned as per the Ordinance. Hence, the action of the respondents in denying promotion to the petitioner as Deputy Librarian is highly illegal and arbitrary. 11. The 1 st respondent resisted the writ petition filing a statement. The 1 st respondent submitted that the post of Deputy Librarian is a UGC post as per the 9 th and 10 th Pay Revision Orders and the 11 th Pay Revision Report issued to Mahatma Gandhi University by the Government. The University is not in a position to consider the promotion to a non-existing post as the Deputy Librarian post is converted to UGC Scheme and only UGC qualified employees could be considered for appointment to the post. Currently, non UGC post of Deputy Librarian or scale of pay for that particular post, is not sanctioned to the University during the last three Pay Revision Orders of State Government. The petitioner does not possess the qualification as prescribed by the UGC, contended the 1 st respondent. 12. The 1 st respondent further submitted that the post of Deputy Librarian in the University is a non-teaching post. Its qualification and method of appointment are prescribed under the Schedule to Clause 3 Chapter XVII of the Kerala University First Ordinance, 1978, which is applicable to the Mahatma Gandhi University. But on implementation of UGC Scheme to the Library Staff, the post of Deputy Librarian was included in that Scheme as well. Consequently, the post of Deputy Librarian which was until then a post under the State Scale, has been shifted to UGC Scheme. But on implementation of UGC Scheme to the Library Staff, the post of Deputy Librarian was included in that Scheme as well. Consequently, the post of Deputy Librarian which was until then a post under the State Scale, has been shifted to UGC Scheme. Therefore the post under the State Scale has become non-existent. Hence, only those who possess the qualification prescribed by the UGC could be considered for appointment / promotion to the post of Deputy Librarian. Moreover, the non UGC post existed as per the Ordinance ceased to exist as the Government of Kerala gave a wide berth to the post and its corresponding scale of pay in the last three Pay Revision Orders. 13. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the University. 14. It is evident from the pleadings and arguments that the post of Deputy Librarian exists in the Mahatma Gandhi University as per the Statutes. But, when UGC Pay Scales were implemented, the respondents are taking a stand that the post has been converted to UGC post and only persons satisfying the qualifications prescribed by the UGC can be appointed / promoted to the post of Deputy Librarian. 15. The issue relating to conflict between the post of Deputy Librarian coming under the University Statutes and the UGC Scale, came up for consideration before this Court in W.P.(C) No.8669/2007. This Court held that promotion to the post in the UGC Scale of Pay and those in the same Scale are within two different compartment and there is no provision for movement from one channel to the other. Therefore, the fortunes of the persons in each of the compartments will depend upon the availability of vacancies in the compartment to which they belong. The law laid down by this Court in W.P.(C) No.8669/2007 was followed by this Court in W.P.(C) No.8870/2019 (Ext.P13). It is to be noted that when the post became vacant in the year 2019, one Sreekumar V approached this Court seeking promotion to the post. University took a similar defence in the said writ petition also. 16. This Court considered the question as to whether a post, which is established under the University Ordinance can be abolished by Pay Commission recommendation. University took a similar defence in the said writ petition also. 16. This Court considered the question as to whether a post, which is established under the University Ordinance can be abolished by Pay Commission recommendation. This Court in W.A.No.1826/2014 held as follows:- “As rightly found by the learned single Judge, the procedure for making Ordinances is contained in section 37 of the Kerala University Act, 1974. Section 23 of the Act empowers the Syndicate of the University to make ordinances and to amend or repeal the same. Similarly, Section 36 of the Act stipulates that Ordinances framed by the Syndicate shall provide for fixation of scales of pay of various posts and the terms and conditions of service of officers of the University. It was in exercise of the powers conferred under the various sections of the Kerala University Act, the Kerala University First Ordinances, 1978 was framed by the Syndicate. Therefore, the hierarchy of posts and the pay structure and other terms and conditions that are attached thereto, are to be made part and parcel of the Ordinances that are statutorily framed by the Syndicate. Once an Ordinance is so framed, the University is entitled to make appointments and promotions to the posts which are included in the Ordinances. Such a statutory duty of the University cannot be affected in any manner by orders issued by the Government in the nature of Ext.P4. In so far as this case is concerned, even as of now, nobody has a case that the University has amended its Ordinances and therefore, the posts including that of Pool Officer is part of the hierarchy of posts in the University is entitled to make promotions to that post, as found by the learned single Judge.” 17. Therefore, from the above Division Bench judgment, it is quite evident that without making amendment to the University Statute / Ordinances, the respondents cannot be heard to contend that the post of Deputy Librarian stands converted into the UGC Scales of Pay. 18. Therefore, from the above Division Bench judgment, it is quite evident that without making amendment to the University Statute / Ordinances, the respondents cannot be heard to contend that the post of Deputy Librarian stands converted into the UGC Scales of Pay. 18. Standing Counsel representing the University would rely upon the Division Bench judgment of this Court in Aleyamma Kuruvila v. Mahatma Gandhi University, Kottayam [ 2023 (2) KHC 11 (DB)], wherein this Court held that on introduction of UGC Regulations, Section 59(2) which enables appointment to the post of Principal in an affiliated College by promotion, has become inoperative and that the UGC Regulations will prevail upon the provisions of the University Act and the Ordinance. 19. Going though the judgment in Aleyamma Kuruvila (supra), I find that the question arising there was relating to the mode of promotion to the post of Principal. The prescription under the UGC Regulations and the University Statutes deferred. But, I find that there was no conflict between the two enactments as far as promotion to the post of Principal is concerned. The judgment of the Division Bench in Aleyamma Kuruvila (supra) therefore, cannot have any application in this writ petition. For the afore facts, the writ petition is allowed. The respondents are directed to consider the claim of the petitioner for promotion to the post of Deputy Librarian with effect from 01.06.2021 and promote the petitioner as Deputy Librarian with effect from the due date of his entitlement, if the petitioner satisfies all other parameters. This shall be done within a period of two months.