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A. S. CHANDURKAR, G. A. SANAP
Sharmila Sandesh Ghuge – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
a. S. Chandurkar, J. - Rule. Rule made returnable forthwith and heard the learned counsel for the parties.
The challenge raised in this writ petition is to the Corrigendum dated 10/05/2019 issued by the Higher and Technical Education Department of the State Government modifying Government Resolution dated 08/03/2019 and especially Clause-7.3(VI)(i) thereby specifying that the date of promotion from Level 12 (assistant Professor) to Level 13a (associate Professor) would be the date of selection under Career advancement Scheme for Colleges and Universities. as per the Government Resolution dated 08/03/2019, Clause- 7.3(VI)(i) prescribed the date of promotion to be from cquisition of minimum eligibility.
2. The petitioner is serving as an assistant Professor and claims to be eligible for being promoted to the post of associate Professor. Such promotion is liable to be effected under the Career advancement Scheme (CaS). The candidature of the petitioner was accordingly considered by the Selection Committee for promotion to the post of associate Professor on 03/07/2021. The Selection Committee recommended the petitioner's promotion from assistant Professor in Stage-3 to associate
The main legal point established in the judgment is that promotion to the post of Professor (Stage-5) should relate back to the date of eligibility if the candidate is successful, as provided in Clau....
It is not necessary for Selection Committee to give reasons for its conclusion, suffice to state, Supreme Court had given a finding to that effect in cases where the rules do not contemplate so. Ther....
Promotion of teachers must relate back to the date of eligibility per UGC regulations, not just the interview date.
Promotions to the post of Professor must comply with U.G.C. regulations requiring eight years of service as Reader, and failure to provide a hearing before annulling promotions violates principles of....
The UGC Regulations 2010 assume a mandatory character and provide for direct recruitment without appointment by way of promotion. The right to be considered for promotion is distinct from the right o....
The main legal point established in the judgment is the prohibition for retrospective promotion under the Karnataka State Civil Services Act and Rules, and the significance of seniority in determinin....
The principle established is that statutory provisions must not be arbitrary and should align with prior commitments made by the government, ensuring that employees receive their entitled benefits wi....
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