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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Rahul Bhardwaj – Appellant
Versus
Sardar Patel University, Mandi – Respondent
JUDGMENT :
Sandeep Sharma, J
Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Sanjeev Bhushan, learned senior counsel duly assisted by Mr. Sparsh Bhushan, Advocate, appearing for the petitioner is that respondent No.1-University, while selecting/appointing respondent No.2 against the post of Assistant Professor (Zoology) wrongly awarded 10 marks for teaching experience on the strength of experience certificates produced by respondent No.2, since she (respondent No.2) did not possess the requisite qualification for appointment as Assistant Professor, and she acquired such qualification i.e. M.Phil. in 2008 and as such, her teaching experience for the year 2004-2008 could not be considered and even the experience from 2008 to 2009 of teaching in Eternal University could not have been considered, for the reason that said University itself denied the factum of respondent No.2 having worked with it and though, later on another certificate has been produced by respondent No.2, from same University, but same carries different dates, coupled with the fact that no B.Sc. or M.Sc. classes were being run in the said University, during
The court affirmed the validity of the selection process for Assistant Professors and clarified that guest lecturer experience can't always be excluded for direct recruitment under regulatory guideli....
Point of Law : Central government had no authority to disagree with the recommendation of UGC.
Teaching experience claimed during Ph.D. studies is not valid unless it was active service without leave, impacting selection criteria for academic appointments.
The Selection Committee cannot alter the essential qualifications for a position once the selection process has commenced, and the Chancellor has the authority to terminate appointments that do not c....
The main legal point established in the judgment is that regulation 10(f)(iii) is not applicable for shortlisting candidates for the post of Assistant Professors, and teaching experience as a full-ti....
The central legal point established in the judgment is the interpretation and application of the UGC Regulation, 2018, particularly regarding the eligibility criteria for the post of Associate Profes....
The court held that procedural strictness in recruitment must be balanced with fairness, allowing exceptions for valid experience certificates issued by authorized personnel even if not counter signe....
Relaxation in age does not in any manner upset “level playing field”. It is not possible to accept submission of learned counsel for appellants that relaxation in age or concession in fee would in an....
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