VIPIN SANGHI, ALOK KUMAR VERMA
Dhanpal Singh Chauhan – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Vipin Sanghi, J.
The petitioner has preferred the present Writ Petition, primarily, to seek the preponement of his date of promotion from the post of Associate Professor to the post of Professor (Forestry) in the respondent-Hemwati Nandan Bahuguna Garhwal University, Srinagar, Pauri Garhwal, from 06.03.2020 – when he joined the said post, to 02.09.2017.
2. The short compass, in which the present case falls, is that the petitioner became Associate Professor on 02.09.2014. On completion of three years, he became eligible to be considered for promotion to the post of Professor in the relevant subject, in terms of the Regulations issued by the UGC, being the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010, framed by the University Grants Commission. The said Regulations, inter alia, provide in Regulation 6.3.12(a) that “If a candidate applies for promotion on completion of the minimum eligibility period and is successful, the date of promotion will be from that of minimum period of eligibility.”
3. Though, the petitioner became eligi
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Promotion of teachers must relate back to the date of eligibility per UGC regulations, not just the interview date.
The main legal point established in the judgment is that promotion to the post of Professor (Stage-5) should relate back to the date of eligibility if the candidate is successful, as provided in Clau....
Eligibility for promotion under the Career Advancement Scheme requires active service status on the date of consideration, as per UGC Regulations.
Promotion eligibility under UGC regulations must be honored, and government financial concerns cannot unjustly hinder rightful promotions.
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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....
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.
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