RITA BANERJEE Vs. JAWAHARLAL NEHRU UNIVERSITY

JUDGEMENT

(1.) Respondent'S Executive Council's Resolution of 30th June, 2017 (Annexure-F) and its letter of 14 th August, 2017 (Annexure-E) are impugned in this petition by the petitioner, who has not been called for the interview for promotion from Stage-4 Associate Professor category to Stage-5 Professor/equivalent cadres category as mentioned in Table II (A) of Appendix-III, UGC Regulations, 2010.

(2.) It is evident from the Executive Council's Resolution of 30th June, 2017 (Annexure-F) that petitioner's case was considered for promotion to Stage-5 but it was deferred for being reconsidered after three months. Instead of considering petitioner's case for promotion after three months, respondent vide Communication of 14 th August, 2017 (Annexure-E) has relied upon Executive Council's Resolution of 30th June, 2017 (AnnexureF) and has deferred the case of petitioner alongwith two others, to be reassessed after a minimum period of one year, in view of UGC Regulations, 2010.

(3.) Upon hearing and on perusal of Executive Council's Resolution of 30th June, 2017 and respondent's Communication of 14 th August, 2017 (Annexure-E) and the material on record, I find that a candidate's reassessment for promotion can be deferred for a minimum period of one year, only if such a candidate does not fulfil the minimum criteria as provided in Tables-II (A) and II (B) to the UGC Regulations, 2010 or in the eventuality of such candidate obtaining less than 50% marks in Expert Assessment.