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IN THE HIGH COURT OF ALLAHABAD
Mahesh Chandra Tripathi, Prashant Kumar
Banaras Hindu University Varanasi Through Its Vice Chancellor – Appellant
Versus
Bhaktiputra Rohtam – Respondent
| Table of Content |
|---|
| 1. the factual background leading to the appeal. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments presented by the appellant and respondent parties. (Para 8 , 9 , 10 , 11 , 12 , 14 , 15) |
| 3. court's analysis and observations regarding the case. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 4. final conclusion regarding the appeal. (Para 42) |
| 5. the court's decision and modification of the lower court's order. (Para 43 , 44) |
JUDGMENT :
1. Heard Shri Ajit Kumar Singh, learned Senior Counsel assisted by Shri Hem Pratap Singh, learned counsel for the appellant- respondents and Shri Sanjeev Singh, learned Senior Counsel assisted by Shri Priyansh, learned counsel for the opposite party-petitioner.
ORDER PASSED BY WRIT COURT
2. The instant intra court special appeal under Chapter VIII Rule 5 of the High Court Rules has been preferred against the judgment and order dated 13.2.2024 passed by learned Single Judge in Civil Misc. Writ Petition No.18332 of 2023 (Dr. Bhaktiputra Rohtam v. Banaras Hindu University & Ors.), whereby the writ petition has been allowed. The order passed by the Registrar and Vice Chancellor of the Ban
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....
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 seniority of professors promoted under the Career Advancement Scheme is determined by their date of eligibility as per the Selection Committee's recommendations, as governed by 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 age of superannuation for university staff is determined by the institution's regulations, which must be consciously adopted, not automatically applied from UGC guidelines.
Timely submission of academic qualifications and publications is essential for faculty promotions under UGC regulations; delays in challenges to university decisions can invalidate claims.
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....
UGC Regulations on appointment of teachers prevail over conflicting State Government Orders, mandating adherence to UGC standards for designation and pay fixation post-tenure.
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