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2024 Supreme(Chh) 250

SANJAY K. AGRAWAL, SANJAY KUMAR JAISWAL
Vivek Naware, S/o Shri Shripad J. Naware – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vaibhav A. Goverdhan, Advocate.
For the Respondent:Mr. Rahul Tamaskar, Mr. Jitendra Nath Nande, Mr. Khulesh Sahu, Advocate.

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

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