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2001 Supreme(AP) 1284

Andhra Pradesh High Court
Judges : G.ROHINI
G.L.Reddy - Appellant
Versus
University of Hyderabad - Respondent
Decided On : 10-19-01

Headnote:

Education University - Constitution of India,1950 - Article 226 - Career Advancement Scheme - specialization - Qualifications for appointment of Teachers - Writ petition has been filed seeking a declaration that constitution of selection Committee for promotion to post of Readers in Mathematics provisions of Career Advancement Scheme of University Grants Commission - Same question has been considered by Apex Court in Osmania University it has been observed as follow when a Lecturer is selected for promotion as a Reader, respective academic performances and performance teaching experience and capacity to teach and other teaching material relevant to subject in that behalf were considered by Committee - It is not necessary like in selection of Class II and Class III officers to award marks to each candidate for their selection - What is required to be done is dispassionate and objective selection but not arbitrary or colorable selection - When University nominated seven members including a High Court Judge and selected the Readers or Professors on objective test there emerges no arbitrary selection – Held, Case of petitioner is that passed M. Sc. in Mathematics in year 1976 in 1st Class from Osmania University and joined the very same Department as a research student - In October he got admission for Ph. D. Institute for Advance Study in Mathematics University of Madras - He completed his M. Phil in year from same Institute and also got his Ph. D. in Mathematics in year Subsequently, he joined Department of Mathematics and Statistics School of MICS University of Hyderabad as a Lecturer on - Since then has been working in said Department as a Lecturer - After completion of five years as a Lecturer petitioner was placed on Senior Lecturer Scale - Writ petition dismissed(Para 34)

G. ROHINI, J.

( 1 ) THIS writ petition has been filed seeking a declaration that the constitution of selection Committee for promotion to the post of Readers in Mathematics under the provisions of Career Advancement Scheme of the University Grants Commission (UGC) which interviewed the petitioner on 24. 8. 2000 is in violation of Clause 20 of the Statute of the University of Hyderabad and the recommendations of the UGC on selection committees and seeking a consequential direction to the first respondent to constitute a proper committee in accordance with the University Grants Commission recommendations (U. G. C. Notification-1998) on Selection Committees for the post of Readers and Clause 20 of Statute of the University of Hyderabad for considering the petitioner s case for promotion as Reader in Mathematics under the provisions of Career Advancement Scheme of the University Grants Commission.

( 2 ) THE case of the petitioner is that he passed M. Sc. in Mathematics in the year 1976 in 1st Class from Osmania University and joined the very same Department as a research student. In October, 1977 he got admission for Ph. D. in Ramanujam Institute for Advance Study in Mathematics, University of Madras, Chennai. He completed his M. Phil in the year 1980 from the same Institute and also got his Ph. D. in Mathematics (Complex Analysis) in the year 1982. Subsequently, he joined the Department of Mathematics and Statistics, School of MICS, University of Hyderabad as a Lecturer on 12. 6. 1985. Since then he has been working in the said Department as a Lecturer. After completion of five years as a Lecturer, the petitioner was placed on Senior Lecturer Scale i. e. , from June, 1990. The petitioner continued as Senior Lecturer (Senior Scale) in the University of Hyderabad since June, 1990 and that the petitioner was put in more than 15 years of service and his area of specialization is complex Analysis and applications .

( 3 ) WHILE so, the University Grants Commission issued a notification on Revision of Pay Scales, Minimum Qualifications for appointment of Teachers in Universities and Colleges and other measures for the maintenance of standards, 1998 which came into effect from 1. 1. 1996. Under the said Notification, the Scheme of Career Advancement was introduced with regard to promotion from Senior Scale Lecturers to Reader. Under the said Career Advancement Scheme the eligibility required is as follows:"7. 4. 1 A Lecturer in the Senior Scale will be eligible for promotion to the post of Reader if she/he has (i) Completed 5 years of service in the Senior Scale; (ii) Obtained a Ph. D. decree or has equivalent published work; (iii ). . . . . . . (iv) Made some mark in the areas of scholarship and research as evidenced e. g. by self-assessment, reports of referees, quality of publications, contribution to educational innovation, design of new courses and curricula and extension activities; (v) After placement in the Senior Scale participated in two refresher courses/ summer institutes of approved duration, or engaged in other appropriate continuing education programmes of comparable quality as may be specified or approved by the University Grants Commission; and (vi) Possess consistently good performance appraisal reports. "the above said promotion will be through the process of selection by a Selection Committee to be set up under Statute/ Ordinances and basing on the guidelines issued by the U. G. C. for constitution of Selection Committee. As the petitioner was eligible for promotion to the post of a Reader and has satisfied all the requirements as mentioned in the Notification issued by the University Grants Commission, the petitioner sought promotion to the post of Reader and submitted the required pro-forma along with all his publications which are to be assessed by the external experts. Thereafter, the Dean School of MCIS has issued proceedings dated 12/13-10-1998 requesting the petitioner to submit the panel of Four Referees to




































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