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2012 Supreme(Raj) 888

(Rajasthan High Court)
Sophia Gir (Dr.) & Ors. Vs. State of Raj. & Ors. (Vyas, J.)
HON'BLE GOPAL KRISHAN VYAS, J.
Sophia Gir (Dr.) & Ors.
Versus
State of Rajasthan & Ors.
S.B. Civil Writ Petition Nos.747, 2082, 2083, 2084 & 2096 of 2012,
decided on 17.08.2012

Advocates Appeared
Dr. P.S. Bhati/S.S. Rathore, for Petitioners;
G.R. Punia, AAG, Sr. Advocate with Mahendra Choudhary, for State;
M.S. Singhvi, Sr. Advocate with Deepesh Beniwal, for Applicants;
Girish Joshi, for Respondent;
Mukesh Vyas, for Caveator

Headnote:U.G.C. Regulations, 2010, Para 6.4.8 — Eligibility for promotion on the post of Professor under CAS — Distinguishing the Association Professors appointed by way of promotion from the directly recruited Associate Professors, the former were denied the benefit of promotion on the post of Professor under CAS — Held — Para 6.4.8 of the Regulation does not provide any classification for granting eligibility for the candidates appointed by direct recruitment vis-à-vis by promotion on the post of Associate Professor — State Govt. took conscious decision to follow the U.G.C. Regulations 2010 with modification but for all purposes the Career Advancement Scheme (CAS) was accepted that cannot be withdrawn on the basis of opinion of Finance Department — Promotee Associate Professors are eligible for promotion on the Post of Professor under CAS. (Paras 25, 27, 30, 33 to 37)

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       ;kfpdk Lohdkj dhA ¼in la[;k 25] 27] 30]33 ls 37½


       

Hon'ble VYAS, J.—In all the above writ petitions, common question is involved, therefore, all these writ petitions are decided by this common order. For the sake of convenience, facts from S.B. Civil Writ Petition No.747/2012 are taken into consideration for discussion.

2. In the writ petition, the petitioners have prayed for quashing Annex.-12 dated 03.01.2012, Annex.-13 dated 20.01.2012 and Annex.-11 dated 21.01.2012 passed by the respondent University. The petitioners were appointed on the posts of Assistant Professor in their respective subjects in the Faculty of Home Science and, after completion of 13 years of service on the said post, they were given promotion on the post of Associate Professor under the prevailing Career Advancement Scheme (CAS). Hence, the petitioners are working on the posts of Associate Professor and for further promotion the respondents did not conduct any process for promotion after 2001 although the petitioners are serving on the posts of Associate Professor for last many years and they are entitled for next promotion on the basis of prevailing UGC/ICAR scheme known as Career Advancement Scheme.

3. The University Grants Commission promulgated CAS regulations minimum qualification for appointment of Teachers and other academic staff of the University which is published in the Official Gazette of Government of India which is placed on record as Annex.-3 to the writ petition.

4. The minimum qualification for promotion under the CAS is prescribed and, as per para 6.4 an Associate Professor completing 3 years of service in stage IV and possessing Ph.D. degree in the relevant discipline shall be eligible to be appointed and designated as Professor, therefore, all the petitioners who are working as Associate Professor become eligible for promotion on the post of Professor under the Career Advancement Scheme (CAS).

5. The State Government adopted U.G.C. Regulations 2010 with certain modifications vide order dated 29.09.2010 which is placed on record as Annex.-4. The State of Rajasthan while adopting the U.G.C. Regulations 2010 with certain modifications issued letter dated 27.09.2010 to all the Universities, in which, it is specifically provided in para 4 that Career Advancement Scheme (C.A.S.) on or after 31-12-2008 shall be strictly followed as per revised Regulations, 2010 as stated in para 1.3 of the U.G.C. Letter No.F.3-1/2009 dated 30.06.2010. The respondent University sought clarification from the Government for revision of pay-scale of teaching staff and, in reference to that, the State Government issued letter dated 07.07.2011 (Annex.-6) whereby the State Government specifically informed the respondent University that the matter was forwarded to the Finance Department of the Government of Rajasthan for its clarification and Finance Department of the Government has advised to act as per the guidelines issued by the University Grants Commission, therefore, the respondent University through the Registrar is directed to act, as per the advice of the Finance Department, as per the guidelines contained in the UGC Regulations 2010.

6. The petitioners who were facing stagnation made a representation for conducting the exercise for their promotion to the posts of Professor under the CAS because no promotions were made after 2001 when 42 promotions were given to the teaching staff as Professor and, out of those Professors, 60% Professors have already retired by the end of 2010. In the representation, it is requested that as per the ICAR/UGC guidelines the promotion process should be conducted every year.

7. In pursuance of the representation, the University proceeded to conduct the personal promotion of teachers under the CAS vide Annex.-8. As a consequence, on 14.10.2009, the respondent University invited applications for personal promotion from the posts of Associate Professor under the CAS as per procedure laid down in the UGC Regulations 2010. The Deans and Directors of all the affiliated colleges of the re


































































































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