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AJIT KUMAR
Bhaktiputra Rohtam – Appellant
Versus
Banaras Hindu University – Respondent
JUDGMENT :
1. Heard Sri Sanjeev Singh, learned Senior Advocate assisted by Sri Priyansh, learned counsel for the petitioner, Sri Rahul Jain, learned counsel appearing for the University Grants Commission and Sri Hem Pratap Singh, learned counsel for the respondent- University.
2. Petitioner has approached this Court for two reliefs: (I) Promotion under the Career Advancement Scheme (hereinafter referred as 'CAS') from the date he became entitled; and (II) for re-employment as a teacher in the department as per Regulation 2.1 of the University Grants Commission Regulations, 2018 (for short, 'U.G.C. Regulations, 2018') notified on 18th July, 2018.
3. Briefly stated facts of the case are that the petitioner while working as Associate Professor in the faculty of Sanskrit Vidya Dharm Vigyan, Banaras Hindu University, Varanasi, became entitled to be considered for promotion as Professor in the University on 04.11.2021 under CAS of University Grants Commission (for short 'U.G.C.') vide Regulation 6.3 of U.G.C. Regulations, 2018.
4. Accordingly, for first relief, petitioner moved an application before the Vice Chancellor for consideration of his candidature for promotion under the CAS on 04.11
The U.G.C. Regulations, 2018 prevail over U.G.C. guidelines, and the Vice Chancellor could have exercised power under Section 7-C(5) to address the situation.
The court affirmed the necessity for universities to adhere to UGC regulations for promotions and re-employment, emphasizing timely action and the eligibility of superannuated teachers under the Care....
Eligibility for promotion under the Career Advancement Scheme requires active service status on the date of consideration, as per UGC Regulations.
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 ....
The central legal point established in the judgment is that the 2010 Regulations provide for the counting of previous regular service for the purposes of grant of benefits under CAS, without making a....
UGC Regulations on appointment of teachers prevail over conflicting State Government Orders, mandating adherence to UGC standards for designation and pay fixation post-tenure.
Promotions to the post of Professor must comply with U.G.C. regulations requiring eight years of service as Reader, and failure to provide a hearing before annulling promotions violates principles of....
It is not necessary for Selection Committee to give reasons for its conclusion, suffice to state, Supreme Court had given a finding to that effect in cases where the rules do not contemplate so. Ther....
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