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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAUMITRA DAYAL SINGH, J.
Dr. Rituraj – Appellant
Versus
State of U.P. and others - Respondents
Civil Misc. Writ Petition Nos. 5075, 5641, 6424 and 7261 of 2021
Decided on : 15-11-2022
University Grants Commission Act, 1956 – Section 26(1) - U.P. State Universities Act, 1973 – Section 2(19) – University Grants Commission (Minimum Qualifications for appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2000 - Regulation 4.2.0, 10.0, 10.1 – Requisite qualifications – Principal of Aided Non –Government P.G. and Graduate Degree Colleges – Whether he is working as Lecturer or in any other capacity – Held, As is clear from plain reading of that provision, there was no stipulation under that law as may be considered to Regulation 10.1 of Regulations – In absence of any clause similar to proviso of that Regulation, law relied upon by learned counsel for petitioners becomes distinguishable – Under that Act there was no stipulation or linkage between teaching experience gained, with post held – In the present case, as noted above, that strong connection clearly exists – Not only post, more crucially, manner of appointment, status, length of service, pay scale consideration must be fulfilled before experience gained may qualify as teaching experience – Ordered Accordingly.
JUDGMENT :
Saumitra Dayal Singh, J.
Present four petitions involve similar questions, therefore, they are being disposed of by a common order.
2. Heard Sri Ashish Kumar Srivastava, learned counsel for the petitioners (in Writ-A Nos. 5075 of 2021 and 6424 of 2021) and Sri Pawan Kumar, learned counsel for the petitioner (in Writ-A No. 5641 of 2021). [List has been revised. None has appeared for the petitioner in Writ-A No. 7261 of 2021].
3. Sri Ashok Mehta, learned senior Advocate assisted by Sri Gagan Mehta alongwith Sri Manoj Kumar Singh have appeared for Commission-respondent No. 2 and Mr. Rizwan Ali Akhtar, learned counsel has appeared for the respondent-UGC.
4. All writ petitions have been filed to quash the press note dated 15.2.2021 and 24.2.2021 issued by Uttar Pradesh Higher Education Services Commission. Thereby, it was notified - the petitioners were ineligible to participate in the selection on the post of Principal at Aided Non-Government P.G. and Graduate Degree Colleges, pursuant to Advertisement No. 49/2019 published on 2.3.2019.
5. Undisputedly, the cut-off date to apply under the above advertisement was 16/17.4.2019. It also has not been disputed by the Commission that the said date was later extended to 18.6.2019. Clause 6.1.3 of the said advertisement reads as below :
6. It is also not in dispute, in exercise of the powers conferred under clauses (e) and (g) of Section 26(1) of University Grants Commission Act, 1956, the University Grants Commission (Minimum Qualifications for appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2000 (hereinafter referred to as 'the Regulations') have been framed.
7. The Regulations came into force on 30.6.2010. Clause 4.2.1 of the Regulations relating to Principal reads as below :
i. A Master's Degree with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) by a recognized University.
ii. A Ph.D Degree in concerned/allied/relevant discipline(s) in the institution concerned with evidence of published work and research guidance.
Iii. Associate Professor/Professor with a total experience of fifteen years of teaching/research/administration in Universities, Colleges and other institutions of higher education.
iv. A minimum score as stipulated in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS), as set out in this Regulation in Appendix III for direct recruitment of Professors in Colleges.”
8. Then, with respect to count past services, Clause 10 and 10.1 read as below :
10.1 Previous regular service, whether national or international, as Assistant Professor, Associate Professor or Professor or equivalent in a University, College, National Laboratories or other scientific/professional Organizations such as the CSIR, ICAR, DRDO, UGC, ICSSR, ICHR, ICMR, DBT, etc. should be counted for direct recruitment and promotion under CAS of a teacher as Assistant Professor, Associate Professor, Professor or any other nomenclature these posts are described as per Appendix III - Table No. II provided that:
(a) The essential qualifications of the post held were not lower than the qualifications prescribed by the UGC for Assistant Professor, Associate Professor and Professor as the case may be.
(b) The post is/was in an equivalent grade or of the pre-revised scale of pay as the post of Assistant Professor (Lecturer) Associate Professor (Reader) and Professor.
(c) The candidate for direct recruitment has applied through proper channel only.
(d) The concerned Assistant Professor, Associate Professor and Professor should possess the same min
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