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SANJAY K. AGRAWAL, SANJAY KUMAR JAISWAL
Vivek Naware, S/o Shri Shripad J. Naware – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. Invoking the writ jurisdiction of this Court, the petitioner has preferred this writ petition and seeks to challenge the constitutional validity of clause 6.4(C)(I)(i) of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 (for short, ‘the UGC Regulations of 2018’), on the ground that same is discriminatory and violative of his fundamental right guaranteed under Articles 14 & 16 of the Constitution of India.
2. The petitioner has Masters Degree in Music and he has also cleared NET examination conducted by the University Grants Commission (UGC). He is an “A” Grade artist of All India Radio. On 16-5-2016, he was appointed as Assistant Professor in respondent No.3 University in the Department of Instrumental Music (Sarod) and after completion of one year probation, he became permanent with effect from 26-5-2017. It is the case of the petitioner that as per the UGC Regulations of 2018, under the Career Advancement Scheme (CAS) for University Teachers, for promotion on the post of A
UGC Regulations on appointment of teachers prevail over conflicting State Government Orders, mandating adherence to UGC standards for designation and pay fixation post-tenure.
Classification based on educational qualifications for promotion in public service is valid if it promotes academic excellence and has a rational basis.
The UGC Regulations, 2018 prevail over the conflicting provisions of the concerned State Universities Act relating to the appointment of the Vice-Chancellor.
Judgment affirms the necessity of due process in employment, emphasizing that failure to provide a hearing before termination violates natural justice. UGC regulations' retrospective application prot....
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....
The judgment established the principle that ad hoc service is eligible for counting under UGC Regulations for promotion and emphasized the requirement for authorities to provide substantive reasons f....
Timely submission of academic qualifications and publications is essential for faculty promotions under UGC regulations; delays in challenges to university decisions can invalidate claims.
The amendment mandating a Bachelor's Degree for certain promotions was constitutionally valid, emphasizing the employer's prerogative to set qualification standards related to job responsibilities.
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