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VIJAY BISHNOI, KAUSHIK GOSWAMI
Mizoram University – Appellant
Versus
Prof. Dr. Ganesh Chandra Jagetiia – Respondent
JUDGMENT :
VIJAY BISHNOI, C.J.
1. The instant writ appeal is filed by the appellant University being aggrieved with the judgment and order dated 18.10.2019 passed by the learned Single Judge in WP (C) No. 131/2015, whereby the learned Single Judge, while allowing the writ petition filed on behalf of the writ petitioner/respondent No. 1 (hereinafter to be referred as ‘the private respondent’), directed the appellant University to place the case of the private respondent before the Executive Committee for consideration/re-consideration for promoting him to Professor (Stage- VI)/Higher Academic Grade (HAG) from a date he became eligible to be promoted by counting the 5(five) years of service rendered by him as Professor of Kasturba Medical College, Manipal University and 5(five) years of service as Professor in Mizoram University provided he fulfills the other eligibility/qualifications required for being promoted.
The learned Single Judge further observed that the appellant University should also keep in mind the fact that the private respondent had, in any event, completed 10(ten) years of service as professor in Mizoram University prior to his retirement. It was further directed that
Past services of a professor can be counted for promotion under UGC regulations, regardless of whether the previous pay scale was higher than UGC standards.
Past service in temporary roles can be counted for promotion under Career Advancement Scheme, aligning with UGC regulations; denial of such benefits violates legal rights.
Past services in private institutions must be counted for Career Advancement Scheme eligibility, and subsequent Executive Councils cannot revoke earlier decisions without lawful basis.
The seniority of professors promoted under the Career Advancement Scheme is determined by their date of eligibility as per the Selection Committee's recommendations, as governed by UGC Regulations.
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 central legal point established in the judgment is that the 2010 Regulations provide for the counting of previous regular service for the purposes of grant of benefits under CAS, without making a....
Promotion – Date of initial appointment is to be counted as regular service for the purpose of grant of benefits in accordance with Career Advancement Scheme (“CAS”) under UGC Regulations.
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 ....
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