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IN THE HIGH COURT OF DELHI AT NEW DELHI
V. KAMESWAR RAO, J.
Dr. Kiran Gupta – Petitioner
Versus
The University of Delhi and Others – Respondents
W.P. (C) Nos. 10564, 10744, 10789 of 2019, C.M. No. 44576 of 2019
Decided On : 08-03-2021
UGC (Minimum Qualifications for appointment of Teachers and other Academic Staff in University and Colleges and measurers for maintenance of standard in Higher Education), Regulations 2010 - Employment and Service matter - Career Advancement Scheme - University Grants Commission - Promotion - Selection Committee/Executive Council/communication - Petitioner was appointed as a Lecturer on ad-hoc basis in year 1986 in Faculty of law then was promoted as Lecturer, Senior Scale from date of her eligibility - Later she was promoted as Reader that is, date of her eligibility - Whether Petitioner promoted to post of Professor from post of Associate Professor with effect their date of eligibility and not from date of interview
Finding of the Court: clause 6.3.12 sub-clause (a), it is clear that if a candidate applies for promotion on completion of the minimum eligibility period and is successful, the date of promotion will be from the date of minimum period of eligibility - sub-clause (c) contemplates that if a candidate does not succeed in the first assessment, but succeeds in the later assessment, his/her promotion will be deemed to be from the later date of successful assessment - Proceedings of the Selection Committee/Executive Council/communication set aside.
Result: Petitions allowed.
JUDGMENT :
V. KAMESWAR RAO, J.
1. As identical issues arise for consideration in these three writ petitions, they are decided through this common order.
2. In substance, the prayer of the petitioners in these petitions is that they should be promoted to the post of Professor from the post of Associate Professor with effect from their date of eligibility and not from the date of interview i.e. June 25, 2019.
3. For a decision in the writ petitions, it is necessary to note certain facts in each of the writ petitions and the same shall be narrated separately.
FACTS IN W.P. (C) No. 10564/2019
4. The petitioner was appointed as a Lecturer on ad-hoc basis in the year 1986 in the Faculty of law, University of Delhi on August 04, 1992. After meeting all the requirements of the University of Delhi, the petitioner was absorbed as a Lecturer on permanent basis on the roll of Faculty of Law, University of Delhi. On October 14, 1996, the petitioner was promoted as Lecturer, Senior Scale from the date of her eligibility i.e. August 04, 1994. On February 19, 2000, she was promoted as Reader w.e.f. July 27, 1998 that is the, date of her eligibility.
5. On January 01, 2006 the post of Reader, on which the petitioner was working, was re-designated as Assistant Professor. In the year 2010, the University Grants Commission (‘UGC’ for short) respondent No. 2 came out with regulations in relation to service conditions of Teachers. On April 24, 2014, the UGC had issued a notification stating that promotion under the Career Advancement Scheme (‘CAS’ for short) shall be governed by the UGC Regulations, which are in operation on the date of eligibility, not on the date of interview.
6. On May 29, 2017, the petitioner applied for promotion to the post of Professor. On June 25, 2019, 10 candidates were called for the interview, petitioner being one of them. Out of the 10 candidates, one candidate was absent. Out of the remaining 9 candidates considered for promotion, 8 candidates were recommended for the same. Out of the 8 candidates, 3 candidates were promoted from the date of their eligibility for being appointed as Professors, whereas the other 5 remaining candidates were promoted from the date of interview i.e. June 25, 2019. Pursuant thereto, the University issued a communication dated July 04, 2019 promoting the petitioner as Professor in Law Centre-II, Faculty of Law w.e.f. June 25, 2019. The minutes of the Selection Committee were approved by the Executive Council on July 01-02, 2019. Suffice to state, it is this order and the resolution of the Executive Council/minutes of the selection committee which have been challenged by the petitioner in this petition.
FACTS IN W.P. (C) No. 10744/2019
7. In this petition, the facts, as noted from the writ petition are, that the petitioner joined the respondent No. 1 University as a Lecturer on May 11, 2005. The petitioner was promoted as Lecturer in Senior Scale w.e.f. May 11, 2005. The petitioner was further promoted to the post of Lecturer (Selection Grade) w.e.f. September 15, 2008. She was also promoted to the post of Associate Professor w.e.f. September 15, 2011. In the case of this petitioner also, the facts with regard to the deliberations of the Selection Committee/approval of the Council/order of appointment are identical to the writ petition being W.P. (C) No. 10564/2019.
FACTS IN W.P. (C) No. 10789/2019
8. The facts as noted from the writ petition are, that the petitioner was appointed as ad-hoc Lecturer in Faculty of Law, University of Delhi on March 13, 1995. On April 01, 2005, she was appointed as a Lecturer on regular basis in Law Centre-I, University of Delhi. On April 18, 2012, the petitioner was promoted as Lecturer in Senior Scale on April 27, 2006 (re-designated as Assistant Professor). She was further promoted to the post of Reader w.e.f. April 26, 2009, which was later re-designated as Associate Professor. In the case of this petitioner as well, the Selection Committee considered the case of the p
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