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 Career Advancement Scheme.

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 Banaras Hindu University[BHU] dated 22.5.2023 and 09.10.2023 have been quashed with further direction to Vice Chancellor to immediately constitute a Screening-cum-Evaluation Committee to look into and screen out documents of self appraisal etc. submitted by the petitioner on 04.11.2021 received in Career Advancement Scheme[CAS]Promotion Cell on 05.01.2022 and take a decision whether the petitioner was eligible on merit on the basis of documents produced by him to be promoted as Professor under CAS. It was further directed that if it finds favour with the claim of the petitioner, it shall accord notional promotion to the petitioner with consequential benefits of pay in question as admissible to such promotional post of Professor for revision of pension and other retirement dues with effect from the date the petitioner attained the age of superannuation and accordingly arrears of difference of pension and other retirement dues shall be paid. Learned Single Judge has also directed the BHU to accord re-employment to the petitioner as teacher in the Department of Dharmagam, Faculty of Sanskrit Vidya Dharm Vigyan, BHU, Varanasi, if vacancy exists and appropriate order shall be passed in this regard within three weeks from the date of production of certified copy of this order. For ready reference, the operative portion of the judgment and order dated 13.02.2024 is reproduced as under:-

".............44. In Rejoinder affidavit pleadings have been raised vide paragraph 12 that U.G.C. guidelines being statutory would prevail and that it provides for extension of retired teachers upon re-employment upto 70 years of age and it has also been pleaded vide paragraph 13 of the rejoinder affidavit that post still exists in the department. Thus, it is sought to be pleaded that selection could not be held despite advertisement.

45. I have already held above that U.G.C. Regulations would prevail over the guidelines and whenever guidelines are contrary to regulations, these guidelines would be taken to have stood repealed. So if regulations provide for Assistant Professor and Associate Professor also to be entitled for re-employment, petitioner would be equally entitled. Since it is not the case of respondent- University that petitioner is not entitled to re- employment on his merit, it is held that he is entitled for re- employment as teacher in the department of Dharmagam if vacancy is existing.

46. Thus, in view of the above, writ petition succeeds and is allowed. The orders passed by the Registrar and Vice Chancellor dated 22.05.2023 and 09.10.2023; respectively, impugned in the writ petition and filed as Annexure-1 & 2, are hereby quashed and following directions are issued:-

(i) The Vice Chancellor shall immediately constitute a Screening-cum-Evaluation Committee to look