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2010 Supreme(UK) 583
2011 (1) UAD 299
UTTARAKHAND HIGH COURT
Hon’ble Mr. Chief Justice Barin Ghosh and Hon’ble Mr. Justice V.K. Bist
Writ Petition No. 277 of 2008 (S/B)
DR. HIMANSHU S. JHA – Petitioner
Versus
THE CHANCELLOR, KUMAUN UNIVERSITY & ORS. – Respondents
Decided on : 06.09.2010
For the Petitioner: Mr. Manoj Tiwari, Sr. Counsel assisted by Mr. Alok Mehra, learned counsel
For the Respondent Nos. 2 & 3: Mr. B.D. Upadhyay, learned counsel
For the Respondent No. 5: Mr. Sharad Sharma, Sr. Counsel assisted by Mrs. Indu Sharma, learned counsel
For the Respondent No. 6: Mr. K.P. Upadhyay, Additional Chief Standing Counsel
Headnote:(A) U.P. State University Act, 1973, Sec. 31 r/w Sec. 31-A — Promotion of lecturer — A lecturer, in the senior scale having five years service in the senior scale to his credit — Can be promoted to the post of Reader provided he has a Ph.D. degree or equivalent published work and other qualifications mentioned — There is, therefore, no contemplation of placement of a Lecturer in the grade of pay applicable to Readers — Career Advancement Scheme envisages that such promotions would be accorded after being selected in the manner prescribed in Sec. 31 and 31(A) of the Act — Scheme provides that if such promotion is accorded on being selected at the first instance — The incumbent would be entitled to the grade applicable to Reader from the date the incumbent acquires eligibility.
(Paras 8 & 9)
(B) U.P. State University Act, 1973, Sec. 31-A — According to law contained in the Act and the statute, it is the Governing Committee, who is to appoint — And accordingly, it is the Governing Committee, who is authorized by law, to accept or not to accept selection made by the Selection Committee — The Executive Council is not bound either by the selection or non selection of a candidate by the Selection Committee — It can record its decision on selection as well as non selection and forward the matter to the Chancellor for his views.
(Para 14)
¼v½ mRrj izns'k jkT; fo'ofo|ky; vf/kfu;e] 1973] /kkjk 31 lifBr /kkjk 31-A & izoDrk dh inkséfr@ ,d izoDrk dks Å¡ps osrueku esa 5 o"kZ dh lsok djuk mlds fgr esa Fkk tks ,d jhMj ds in ij inksér fd;k tk ldrk gS c'krsZ fd mlds ikl ih&,p-Mh- dh fMxzh gks vFkok ml ds rqY; ifCy'M lkexzh vkSj vU; mfYyf[kr ;ksX;rk,a gksa blfy,] ,d izoDrk dk ,d jhMj dks izkIr osrueku esa fu;qDr fd;s tkus esa dksbZ lksp fopkj ugha djuk gS & is'kk izxfr ;kstuk ;g vuqeku yxkrh gS fd ,slh inkséfr] vfèkfu;e dh /kkjk 31 vkSj 31(A) ds vUrxZr fu;r izfd;k ds ek/;e ls pquko djus ds mijkUr gh nh tk,xh & ;kstuk ds vUrxZr ;fn pquko izFke ckj esa gh gks tkus ij inkséfr dh tkrh gS rks izkFkhZ ik=rk xzg.k djus dh frfFk ls jhMj ds in ij ykxw xzsM ikus dk vf/kdkjh cu tk,xkA ¼izLrj 8 vkSj 9½
¼c½ mRrj izns'k jkT; fo'ofo|ky; vf/kfu;e] 1973] /kkjk 31A & vf/kfu;e esa izkfoèkkfur dkuwu ds vuqlkj ;g iz'kklfud desVh gksrh gS tks fu;qfDr djrh gS vkSj iz'kklfud desVh gh dkuwuh :i ls vf/kdr gS fd og pquko lfefr }kjk fd;s x;s pquko dks Lohdkj djs vFkok uk djs & iz'kklfud desVh uk rks pquko ls vFkok mEehnokj dk pquko uk gksus ls ck/; gS & blds }kjk pquko djus vFkok uk djus ij viuk fu.kZ; ntZ djuk gksrk gS ftls dqyifr dks mlds vkns'k gsrq vxzsflr dj fn;k tkrk gSA ¼izLrj 14½
Hon’ble Barin Ghosh, C.J. (Oral) : We have permitted the learned counsel for Dr. Smt. Ila Sah to file a further affidavit in Court today.
2. The State Government is not a party to the present writ petition. The reliefs claimed in the writ petition are not directed against the State Government. However, while considering the matter, we felt that the State Government has not discharged some of its obligations pertaining to the matter in question and accordingly, it would be appropriate, on our part, to direct the State Government to discharge its such part of the obligations and accordingly, we make the State Government, through the Secretary, Higher Education Department, Dehradun, Uttarakhand, respondent no. 6. The learned counsel for the State Mr. K.P. Upadhyay, Additional Chief Standing Counsel is present before us and in his presence, the present order is being passed.
3. The Uttar Pradesh State Universities Act, 1973 is applicable in its full force to the State of Uttarakhand. In terms of Section 31 of the Act, posts of teachers of the Universities and affiliated or associated colleges are to be filled in by direct recruitment. By Sub Section 4 of Section 31, the Legislature has constituted different Selection Committees for appointment of teachers. The Selection Committee, thus, constituted for appointment of teachers of Universities is quite different from the Selection Committees constituted for appointment of teachers of affiliated or associated colleges. The appointing authority of teachers, however, in terms of the mandate contained in Section 31 is the Executive Councils for Universities and the management committees of the affiliated or associated colleges for such colleges. In terms of the mandate contained in Section 31 of the Act Selection Committee upon completion of selection is required to make recommendation for appointment of teachers of a University to the Executive Council thereof. In the event Executive Council does not agree with the recommendation made by the Selection Committee, the Executive Council is required to refer the matter to the Chancellor, alongwith reasons of disagreement and thereupon the Chancellor is required to take a decision, which would become final.
4. On 10th October, 1984 Section 31(A) was inserted in the Act. By reason of the provisions contained in the said inserted Section, teachers, namely, Lecturers and Readers of Universities, appointed Under Section 31 of the Act, became entitled to personal promotion to the posts of Readers and Professors respectively. However, in order to obtain such personal promotion, Lecturers and Readers are required to put in such length of service and to possess such qualifications as may be prescribed.
5. In terms of Section 2(14) of the Act “prescribed” means prescribed by the statutes. Section 49 of the Act prescribes that matters relating to Universities may be provided in statutes. Recruitment of teachers of Universities, their qualifications and experience are some of the matters relating to Universities contemplated in Section 49 of the Act, which may be provided in statutes.
6. Section 50 of the Act authorised the State Government to make the first statute of Universities. The power to amend the first statute though vests in the State Government, the Executive Councils of the Universities, while have been authorised to make new or additional statutes, they have also been authorised to amend or repeal the same as also the first statute.
7. In so far as Kumaon University is concerned, with which we are concerned in the present case, the first statute was made, whereupon the same was amended from time to time. In terms of the provisions contained in the said statute Lecturers, who are Ph.D. and have put in at least 13 years full time continuous service as such, or Lecturers who are not Ph.D. but have put in at least 16 years full time continuous service as such, are entitled to be appointed as Reader, either by way of direct appointmen
