Point of Law: Regulation 6.2 B (iv) of NCTE Regulations, 2014 clearly provides that candidates should either possess of experience as prescribed by UGC or by State Government.

JUDGMENT :

1. Heard Sri Chandra Bhushan Pandey and Ms. Akansha Rajput for the petitioner, Sri Himanshu Suryavanshi for the Chancellor, Chaudhary Charan Singh University, Meerut [here-in-after referred to as 'the University'], learned State Counsel representing the State authorities and Subhash Bisaria, learned Counsel representing the authorities of the University.

2. Though service of this petition upon respondent No.6, as reported vide office note dated 01.10.2021 is sufficient, however neither the respondent No.6 nor anyone representing her is present.

3. By instituting these proceedings under Article 226 of the Constitution of India, the petitioner assails the validity of an Order dated 03.03.2021 passed by the Hon'ble Chancellor of the University, whereby the Reference made under Section 68 of the U.P. State Universities Act, 1973 (here-in-after referred to as 'the Act, 1973') by the respondent No.6 challenging the appointment of the petitioner on the post of Associate Professor in Education in the University has been allowed and he has been held to be ineligible for appointment ot the post in question. The Hon'ble Chancellor has further directed the Executive Council of the University which is the Appointing Authority of the Teachers in the University to take further action. Pursuant to the said order of the Hon'ble Chancellor dated 03.03.2021, the Executive Council in its resolution passed on 15.03.2021 has terminated the services of the petitioner on the post of Associate Professor in the University. The petitioner has also challenged the order of relieving dated 16.0.2021 which has been passed pursuant to the resolution of the Executive Council of the University dated 15.03.2021.

4. The sole issue for consideration before this Court in this case is, as to whether in terms of the Rules regulating the appointment on the post of Associate Professor in the University, the petitioner was possessed with the minimum eligibility or not.

5. An Advertisement bearing No.2/20217 was issued by the University inviting applications for recruitment to various teaching posts in the University including the post of Associate Professor in Education, which was unreserved. Clause - 5 of the advertisement stipulated that the qualification for recruitment to the posts as advertised shall be as per the First Statutes of the University as amended by the Government Notification dated 12.12.2013 (This date is wrongly mentioned. As a matter of fact, the date of the Government Notification is 03.12.2013). Clause 5 further provides that details of qualification and other relevant provisions for recruitment are given at page - 2 to 4 of the advertisement and further that the University reserves the right to amend qualification as per the latest laws in force. Clause - 5 of the Advertisement is extracted here-in-below:-

"5. Qualifications are as per First Statutes of Chaudhary Charan Singh University, Meerut and as amended by U.P. Govt. Notification No.377/Sattar--2013-16(114)/2010 dated 12.12.2013. Details of qualifications and other relevant provisions for recruitment are given on page 2 to 4. University reserves the right to amend the qualifications as per latest laws enforced."

6. Power to appointment Teachers in the Universities is vested in the Executive Council of the University as per the provisions contained in Section 21(vii) of the Act, 1973. In terms of Section 49 of the Act, 1973, the Statutes can be framed for providing the minimum qualification and experience for the appointment of Teachers of the University and also those of affiliated and associated Colleges. Section 50 of the Act, 1973 provides the procedure for framing the First Statutes of the University. As per the Scheme of the Act, 1973, the power to frame, amend, vary or rescind the First Statutes is primarily vested in the Executive Council of a University, however, Sub-Section (6) permits the State Government to make certain Statutes on certain subjects with the assent of Hon'ble