The central legal point established in the judgment is the requirement for strict compliance with UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in the Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education, 2018, particularly Regulation 5, in the selection process for Assistant Professors.

JUDGMENT :

Vipin Sanghi, J.

Though steps have not been taken to serve the UGC, counsel is present, and puts in appearance.

2. Mr. Pande, who appears for the State, has tendered instructions dated 17.10.2023, which are taken on record. He submits that in terms of the instructions, the State has decided not to nominate any member on the selection committee to fill up the vacant posts of Assistant Professors by the petitioner-college. The reason cited is that the petitioner-college is affiliated to respondent No. 3-University, which is a Central University.

3. Aforesaid being the position, we permit the petitioner to proceed with the selection process without the nominee of the State Government. However, the petitioner shall strictly comply with the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in the Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education, 2018, and, in particular, Regulation 5 which defines the constitution of the selection committees, and guidelines on selection procedure. Since the posts to which the petitioner wishes to make appointments are posts of Assistant Professors in the petitioner-College, the petitioner shall ensure compliance of Regulation 5.1-V, which reads as follows :

“V. Assistant Professor in Colleges, including Private and Constituent Colleges :

(a) The Selection Committee for the post of Assistant Professor in Colleges, including Private and constituent Colleges shall consist of the following persons:

(i) Chairperson of the Governing Body of the College or his/her nominee from amongst the members of the Governing body, who shall be the Chairperson of the Committee.

(ii) The Principal of the College.

(iii) Head of the Department / Teacher-incharge of the subject concerned in the College.

(iv) Two nominees of the Vice-Chancellor of the affiliating university, of whom one should be a subject-expert. In case of colleges notified/declared as a minority educational institution, two nominees of the Chairperson of the college from out of a panel of five names, preferably from the minority community, recommended by the Vice-Chancellor of the affiliating university, from the list of experts suggested by the relevant statutory body of the college, of whom one should be a subject-expert,

(v) Two subject-experts not connected with the college who shall be nominated by the Chairperson of the College governing body out of a panel of five names recommended by the Vice-Chancellor from the list of subject experts approved by the relevant statutory body of the university concerned. In case of colleges notified/declared as minority educational Institutions, two subject experts not connected with the University nominated by the Chairperson of the Governing Body of the College out of the panel of five names, preferably from the minority communities, recommended by the Vice-Chancellor from the list of subject experts approved by the relevant statutory body of the College,

(vi) An academician representing SC/ST/OBC/Minority/Women/Differently-abled categories, if any of candidates belonging to any of these categories is the applicant, to be nominated by the Vice-Chancellor, if any of the above members of the selection committee does not belong to that category.

(b) Five members, including two outside subject experts, shall constitute the quorum.”

4. The writ petition stands disposed of in the aforesaid terms.

5. Interim Relief Application (IA No. 01 of 2023) also stands disposed of.