AFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.5078 of 2020 Order reserved on: 21/03/2024 Order delivered on: 16/ 04/2024 Vivek Naware, S/o Shri Shripad J. Naware, aged about 46 years, R/o C/o Lal Shriraj Singh, Civil Lines, Behind Forest Office, Khairagarh, District Rajnandgaon (C.G.)

---- Petitioner Versus

1. State of Chhattisgarh, Through its Principal Secretary, Department of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.)

2. University Grant Commission, Through its Chairman, Bahadur Shah Zafar Marg, New Delhi, PIN 110002

3. Indira Kala Sangit Vishwavidyalay, Khairagarh, Through Registrar, Khairagarh, District Rajnandgaon (C.G.)

---- Respondents ----------------------------------------------------------------------------------------------------

For Petitioner: Mr. Vaibhav A. Goverdhan, Advocate.

For Respondent No.1 / State: -

Mr. Rahul Tamaskar, Government Advocate.

For Respondent No.2: Mr. Jitendra Nath Nande, Advocate.

For Respondent No.3: Mr. Khulesh Sahu, Advocate.

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Division Bench: -

Hon'ble Mr. Sanjay K. Agrawal and Hon'ble Mr. Sanjay Kumar Jaiswal, JJ.

C.A.V. Order Sanjay K. Agrawal, J.

1. Invoking the writ jurisdiction of this Court, the petitioner has preferred this writ petition and seeks to challenge the constitutional validity of clause 6.4(C)(I)(i) of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 (for short, ‘the UGC Regulations of 2018’), on the ground that same is discriminatory and violative of his fundamental right guaranteed under Articles 14 &

16 of the Constitution of India.

2. The petitioner has Masters Degree in Music and he has also cleared NET examination conducted by the University Grants Commission (UGC). He is an “A” Grade artist of All India Radio. On 16-5-2016, he was appointed as Assistant Professor in respondent No.3 University in the Department of Instrumental Music (Sarod) and after completion of one year probation, he became permanent with effect from 26-5- 2017. It is the case of the petitioner that as per the UGC Regulations of 2018, under the Career Advancement Scheme (CAS) for University Teachers, for promotion on the post of Assistant Professor (Senior Scale) from the post of Assistant Professor (entry level), the eligibility criteria has been fixed that, those who have completed 4 years of service with Ph.D. or 5 years of service with M.Phil etc. or 6 years of service in case of those without Ph.D./M.Phil/P.G. degree in professional courses and also satisfy other conditions enshrined therein, would be entitled for promotion. Though the petitioner is having all the eligibility criteria to be promoted in the next level i.e. Level 11, but since he had not completed 6 years of service as Assistant Professor (Level 10), his case was not considered, whereas, those who possess Ph.D. have been given the benefit of CAS. It is the further case of the petitioner that at the time of recruitment, there was no requirement of having Ph.D. for the post of Assistant Professor under the category of “Music, Performing Arts, Visual Arts and other Traditional Indian Art Forms like Sculpture, etc.” for the candidates qualifying clause 4.4.2.1 (second part) of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010, then giving benefit of Ph.D. over the non-Ph.D. holder for promotions under the CAS is discriminatory and as such, it is violative of his right guaranteed under Articles 14 & 16 of the Constitution of India.

3. Return has been filed by the State / respondent No.1 and also by the University Grants Comm