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DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Allahabad University – Appellant
Versus
Geetanjali Tiwari (Pandey) – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
THE CHALLENGE
1. Assail in these civil appeals is to the common judgment and order dated 18th January, 20241 [impugned order] passed by a Division Bench of the High Court of Judicature at Allahabad2 [High Court, hereafter] whereby the High Court disposed of a writ petition, two special appeals and one review petition.3 [Writ-A No. 580 of 2023, Special Appeal Defective No. 187 of 2022, Special Appeal Defective No. 257 of 2022 and Civil Misc. Review Application No. 398 of 2023] All but one of the proceedings were at the instance of Gitanjali Pandey.4 [Respondent 1] The remaining one was at the instance of one Brahma Deo (Respondent 1 in Civil Appeal No. 12413/2024).
RESUME OF FACTS
2. Relevant facts, pertinent for disposal of the present appeal, are summed up as under:
Regulation 10(f)(iii) of the 2018 Regulations applies to Assistant Professors, requiring prior teaching experience to be counted for shortlisting candidates.
The main legal point established in the judgment is that regulation 10(f)(iii) is not applicable for shortlisting candidates for the post of Assistant Professors, and teaching experience as a full-ti....
Point of Law : Central government had no authority to disagree with the recommendation of UGC.
The court affirmed the validity of the selection process for Assistant Professors and clarified that guest lecturer experience can't always be excluded for direct recruitment under regulatory guideli....
The court reaffirmed that qualifying and shortlisting criteria can be distinct, allowing administrative discretion in recruitment processes as long as they are transparently and reasonably applied.
Point of law: A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than prescribed cannot be rationa....
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