JUDGMENT :

Rajnesh Oswal, J.

1. In the instant petition, the petitioner has prayed for the following reliefs:

(a) Quashing the communication bearing No. F.9-3/2010 (PS/Misc.) Pt. F1-III dated 06.03.2017 addressed by respondent No. 4 to the Principal Secretary to Governor’s Secretariat J&K, Raj Bhawan, Jammu, whereby and where under, the UGC has conveyed that there is no justification for grant of retrospective Career Advancement Scheme promotion to the petitioner from the date of his eligibility in the cadre;

(b) Quashing the communication bearing No. Adm/TW/2017/788 dated 30.05.2017 addressed by respondent No. 3 to the petitioner;

(c) Quashing the communication dated 14.03.2017 addressed by the office of the Hon’ble Chancellor’s office;

(d) Direction to the respondents to grant the promotion to the petitioner as Professor under Career Advancement Scheme i.e. w.e.f. 04.08.2019, when the petitioner acquired eligibility for promotion, to the post of Professor along with all consequential benefits;

(e) Directing respondents to reckon the seniority of the petitioner as Professor w.e.f. 04.08.2009.

2. It is stated in the petition that the petitioner was initially appointed as Lecturer, Management Studies pursuant to the selection made by the Selection Committee of Jammu University vide letter of appointment dated 17.06.1992 and later on, the petitioner was promoted as Senior Lecturer under Career Advancement Scheme vide order dated 19.12.2000 and thereafter, the petitioner was further promoted as Reader under the Career Advancement Scheme vide order dated 04.09.2004 and thereafter, the petitioner was promoted as Senior Lecturer with retrospective effect w.e.f. 27.07.1998 vide order dated 07.12.2007 and the promotion of the petitioner as Reader was also given retrospective effect w.e.f. 04.08.2001. Later on, by way of subsequent order dated 17.12.2007, order dated 07.12.2007 was modified and the retrospective effect of promotion of the petitioner to the post of Senior Lecturer and Reader was changed i.e. instead of 27.07.1998, the effect of the promotion of the petitioner as Senior Lecturer was given from 04.08.1998 and insofar as, post of Reader is concerned, the same was changed from 04.08.2001 to 04.08.2003. The petitioner was further promoted as Assistant Professor w.e.f. 04.08.2006. It is further stated that the University Grant Commission respondent No. 4 herein in exercise of powers conferred under Clause (e) and (g) of the sub-section (1) of section 26 of the University Grant Commission (UGC) Act, 1956 framed the UGC (Minimum Qualifications for appointment of Teachers and other Academic Staff in Universities and Colleges and other measures for the Maintenance of Standards in Higher Education) Regulations, 2010 (for short the UGC Regulations, 2010). Regulation/Clause 1.3 of the UGC Regulations, 2010 provides that in the event, any candidates become eligible for promotion under Career Advancement Scheme in terms of these Regulations on or after 31.12.2008, the promotion of such candidate is to be governed by the provisions of these regulations.

3. The respondent Nos. 1 to 3-University of Jammu issued an advertisement on 18.09.2012 inviting applications for direct recruitment to the post of Professors and since the petitioner was fully eligible, therefore, he responded to the aforesaid advertisement for direct recruitment and as the petitioner stood promoted as Associate Professor (w.e.f. 04.08.2006), therefore, as per Regulation 4.4.5. sub-regulation (3) of the UGC Regulations, 2010, the petitioner became eligible for direct recruitment as Professor after completion of 10 years of total teaching experience with 05 years at the level of Reader (i.e. on 04.08.2008), therefore, the UGC respondent No. 4 vide communication dated 20.05.2013 called the petitioner for appearing in the interview for the post of Professor under direct recruitment process. The interview of the petitioner was not conducted. Thereafter, the petitioner vide represen