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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
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
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.
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....
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....
Past services of a professor can be counted for promotion under UGC regulations, regardless of whether the previous pay scale was higher than UGC standards.
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....
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