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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Sandeep Sharma, J
A.K. Mahajan – Appellant
Versus
Central University – Respondent
JUDGMENT :
Sandeep Sharma, J.
Petitioner, who is working as a Professor and Dean, School of Earth and Environmental Sciences in Central University of Himachal Pradesh (hereinafter, ‘University’), has filed the present petition praying for following main reliefs:
“i. That respondents may kindly be directed to issue a writ of certiorari to quash Annexure P-1 dated 15th September, 2020, whereby inter se seniority list of Professors has been issued and the petitioner is kept at Sr. No.2 instead of Sr. No.1.
ii. That the writ of mandamus may kindly be issued against the promoted Professors under CAS scheme and all promoted Professors should be treated as Additional Professors, but not as full-fledged Professor.
iii. Pay-scales of promoted Professors under CAS should be reduced.
iv. The respondent University may kindly be fined with heavy cost and the same may kindly be given to the present petitioner, as he has been put to unnecessarily litigation in the present case.”
2. The University, which has been established under the Central Universities Act, 2009, started functioning in January, 2010. University Grants Commission granted approval for running various academic programmes and also approve
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.
The court affirmed the necessity for universities to adhere to UGC regulations for promotions and re-employment, emphasizing timely action and the eligibility of superannuated teachers under the Care....
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.
The U.G.C. Regulations, 2018 prevail over U.G.C. guidelines, and the Vice Chancellor could have exercised power under Section 7-C(5) to address the situation.
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.
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....
Past services in private institutions must be counted for Career Advancement Scheme eligibility, and subsequent Executive Councils cannot revoke earlier decisions without lawful basis.
Eligibility for promotion under the Career Advancement Scheme requires active service status on the date of consideration, as per 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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