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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Shyam Shamshery,J.
Suman Jain – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Kauntey Singh, learned counsel for petitioner and Sri Rahul Agarwal, learned counsel for respondent-University.
2. Petitioner before this Court is working at the respondent University namely Banaras Hindu University since 1996 and has faced a Selection Committee for the post of Senior Professor (Academic Level 15) in the Department of Ancient Indian History Culture (AIHC) and Archaeology under Career Advancement Scheme for the first time.
3. The petitioner was earlier appointed on the post of Lecturer in Palaeography in Department of AIHC and Archaeology under a ‘Special Assistant Programme’. Later on, she was promoted on the post of Lecturer (Senior Scale) in the Department of AIHC & Archaeology and in similar manner she was promoted as a Reader, Associate Professor, and Professor (Stage-V) in the Department of AIHC and Archaeology and now in terms of a Notification dated 18.7.2018 of the University Grants Commission, she has to face a selection committee, constituted for the post of Senior Professor (Academic Level 15) in terms of Clause 5.1 (iv) of said notification.
4. It is the
The court ruled that the constitution of a Selection Committee does not require all experts to be from the specific subject area, as broader expertise is acceptable under the applicable regulations.
The Vice-Chancellor is empowered to constitute a selection committee during an executive council absence, validating the committee's actions despite questions of expertise and bias.
The constitution of a selection committee must ensure experts possess relevant subject knowledge, and any perceived bias or procedural irregularities in their formation can invalidate the entire sele....
Important points(1) When experts are appointed to the Committee of Selection, the selection should not be light set aside on allegation of bias unless there is adequate material which would indicate ....
The central legal point established in the judgment is the interpretation and application of the UGC Regulation, 2018, particularly regarding the eligibility criteria for the post of Associate Profes....
The reconstitution of a Selection Committee during an ongoing interview process is illegal and arbitrary, necessitating a fresh selection process.
The composition of selection committees for academic positions must meet statutory requirements; violations permit candidates to challenge the process, regardless of their participation.
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