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DELHI HIGH COURT
V.KAMESWAR RAO
Kiran Gupta – Appellant
Versus
University of Delhi – Respondent
| Table of Content |
|---|
| 1. promotion eligibility and timeline requirements. (Para 2 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments for retrospective promotion based on eligibility. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's analysis of promotion criteria under ugc regulations. (Para 16 , 17 , 18 , 19 , 20) |
| 4. final order allowing petitions and retrospective promotion. (Para 21) |
JUDGMENT
V. Kameswar Rao, J. (ORAL)--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) 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
Promotion of teachers must relate back to the date of eligibility per UGC regulations, not just the interview date.
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....
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....
The main legal point established is that the date of promotion should align with the date of eligibility unless the candidate falls under specific exceptions.
Promotion eligibility under UGC regulations must be honored, and government financial concerns cannot unjustly hinder rightful promotions.
The main legal principle established is that UGC Regulations, 2010 have prospective effect and candidates who fulfill eligibility criteria before the enforcement of the regulations can be considered ....
Eligibility for promotion under the Career Advancement Scheme requires active service status on the date of consideration, as per UGC Regulations.
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