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VIPIN SANGHI, RAKESH THAPLIYAL
Ghan Shyam Pal – Appellant
Versus
Hemvati Nandan Bahuguna University – Respondent
| Table of Content |
|---|
| 1. challenge to appointment based on qualifications. (Para 1 , 2) |
| 2. minimum qualifications outlined by the ugc regulations. (Para 3 , 4 , 5) |
| 3. difference between linguistics and english qualifications. (Para 6 , 8 , 9 , 10) |
| 4. dissent from committee members regarding selection. (Para 12 , 13 , 14) |
| 5. academic governance and powers of university bodies. (Para 26 , 27) |
| 6. court's findings on qualifications not aligned with standards. (Para 39 , 43) |
| 7. court ruling on appointment and direction to review qualifications. (Para 66 , 67) |
JUDGMENT :
RAKESH THAPLIYAL, J.
1. By the present petition, the petitioner is challenging the order of appointment of respondent no. 2-Ms. Arushi Uniyal, as Assistant Professor (English), Department of English, in HNB Garhwal University (a Central University) dated 13.03.2021 on the ground that she is not having requisite qualifications, as required for the said post. In addition to this, a further relief is being sought that respondent no. 1 be directed to appoint an eligible candidate on the post of Assistant Professor (English) in the Depa
Appointment – Parameters to be applied to a case where an incumbent to a post does not fulfil qualifications prescribed for a post, are different from parameters to be applied to a case where no spec....
Employment and Service matter - Appointment as an Associate Professor in the School of Social Sciences of the Mahatma Gandhi University - Selection committee – Qualiification - Absence of post doctor....
There is no equivalent Rule akin to Rule 10(a)(ii). A perusal of the said Rule 10(a)(ii) clearly presupposes and provides that the acquisition of a higher qualification would presuppose the acquisiti....
The central legal point established in the judgment is the interpretation and application of the UGC Regulation, 2018, particularly regarding the eligibility criteria for the post of Associate Profes....
The court upheld the Selection Committee's decision insisting that qualifications for academic posts must be evaluated by experts, and judicial interference is warranted only under extreme circumstan....
Public Service Commission has authority to determine candidate eligibility including qualification relevance with expert aid; higher qualifications given weightage only after minimum met; below-bench....
The court emphasized that the equivalence of qualifications is in the exclusive domain of the recruiting authority and cannot be determined through judicial review.
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