Back
MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Aruna Rani Mital – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Manoj Kumar Tiwari, J.
Petitioner was appointed as Lecturer (Political Science) in a government aided Post Graduate College, namely, Sri Guru Ram Rai PG College, Dehradun, and she joined duties as such on 15.11.1989. Petitioner was given designation of Associate Professor w.e.f. 01.01.2006. She completed age of superannuation on 09.10.2018. She is aggrieved by rejection of her claim for promotion as Professor under Career Advancement Scheme by the Director, Higher Education. The Director has held that petitioner was not in service on 11.11.2019, when Screening-cum-Selection Committee was constituted, therefore, she is not eligible for promotion.
2. By means of this writ petition, petitioner has sought the following reliefs:-
(ii) To issue writ, order, rule or direction in the nature of mandamus directing the respondents 1 & 2 (Principal Secretary & Director of Higher Educat
Eligibility for promotion under the Career Advancement Scheme requires active service status on the date of consideration, as per UGC Regulations.
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....
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 ....
Promotion of teachers must relate back to the date of eligibility per UGC regulations, not just the interview date.
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.
power of the Government to make laws determining the service conditions of its employees or amend such laws cannot confer them the power to apply such laws differently to similarly situated persons.
Previous regular service in academic positions must be considered for promotion under the Career Advancement Scheme, and universities cannot unjustly require specific documents from prior employment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
