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 for promotion without the requirement of applying three months in advance of the due date.

JUDGMENT :

Tashi Rabstan, J.

1. Both these Letters Patent Appeals have been directed against the judgment dated 29.10.2021 delivered by the learned Single Judge in SWP No.1447/2017, whereby the learned Single Judge while quashing the communication dated 06.03.2017 issued by the University Grants Commission to the Assistant Registrar (Adm. TE/W), University of Jammu and the consequential orders/communications of the University of Jammu dated 14.03.2017 and 30.05.2017, has held that the University of Jammu has wrongly rejected the claim of writ petitioner-Dr. Rajindra Mishra for his promotion with retrospective effect from 04.08.2009. Consequently, the University of Jammu was directed to consider the claim of the writ petitioner-Dr. Rajindra Mishra for grant of promotion to the post of Professor under the Career Advancement Scheme (for short, CAS) with effect from 04.08.2009 afresh thereby putting him at the relevant place in the seniority list after putting notice to the effected candidates, who have already been promoted under the CAS in the intervening period.

2. Since common question of facts and law are involved in the case and both the appeals have been preferred against the same judgment of learned Single Judge, as such both the appeals are being decided by this common judgment.

3. The facts-in-brief, as gathered from the file, are that vide letter of appointment dated 17.06.1992 issued by the Selection Committee of University of Jammu, the writ petitioner was initially appointed as a Lecturer, Management Studies. He was promoted as a Senior Lecturer under Career Advancement Scheme on 19.12.2000 and, as a Reader, on 04.09.2004.

4. Thereafter, vide order dated 07.12.2007 the effect of Senior Lecturer was given with effect from 27.07.1998 and, as a Reader, with effect from 04.08.2001.

5. Again, vide subsequent order dated 17.12.2007, the order dated 07.12.2007 came to be modified, whereby the retrospective effect of promotion of writ petitioner as a Senior Lecturer was changed to 04.08.2001 instead of 27.07.1998, and, as a Reader, the same was changed to 04.08.2003 instead of 04.08.2001.

6. The writ petitioner was promoted as Associate Professor with effect from 04.08.2006. In October, 2015 the University of Jammu had issued circular inviting applications from eligible candidates for promotion to the post of Professor under Career Advancement Scheme as per UGC Regulations, 2010. Writ petitioner-Dr. Rajindra Mishra also applied for the same. The Selection Committee, which met on 06.05.2016, found the writ petitioner to be eligible for promotion from the date of his eligibility to the cadre, i.e., with effect from 04.08.2009 when the writ petitioner completed his three years of service as Associate Professor. The Selection Committee, however, recommended that writ petitioner-Dr. Rajindra Mishra be given seniority from the date he joins as a Professor in the Business School. However, the office of Chancellor addressed a communication to UGC on 09.01.2017 seeking clarification as to whether if a candidate does not apply three months in advance prior to the due date of eligibility, whether such candidate can be considered for retrospective promotion under Career Advancement Scheme.

The UGC vide communication dated 06.03.2017 conveyed that the writ petitioner cannot be considered for retrospective promotion under Career Advancement Scheme as he did not apply with three months in advance of the due date of his eligibility. Accordingly, Under Secretary to Governor’s Secretariat vide communication dated 14.03.2017 forwarded the clarification furnished by the UGC to the Vice Chancellor, University of Jammu with a request to reprocess the case in terms of the said clarification and UGC Regulations, 2010. Thus, the Assistant Registrar (Adm TE/W), University of Jammu vide communication dated 30.05.2017 suggested the writ petitioner to take further necessary action.

7. Feeling aggrieved, writ petitioner-Dr. Rajindra Mishra filed SWP No.1447/2017