DEEPAK KUMAR TIWARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By filing this Writ Petition, the petitioner, a holder of Ph.D., has prayed for issuance of a writ in the nature of mandamus directing the respondent nos. 1 and 2 to permit him to move his application as per the eligibility criteria of UGC Regulation 2010, or as per the UGC Regulation, 2018, and give the option to the petitioner to move his application as per his choice i.e. either under the 2010 or 2018 UGC Regulations. He has further prayed for issuance of a mandamus directing the respondent nos. 1 and 2 to provide same treatment and mode of option like it has been given to the Assistant Professor working in the Government Degree College on the post of Associate Professor, and to the Associate Professor of the Government Aided Private Colleges as per window period of three years between 18/7/2018 to 17/7/2021.

(2.) The facts of the case are not in dispute. The petitioner was initially appointed in the year 2005 as a Lecturer/Assistant Professor in the Higher Education Department for teaching the subject of Mathematics. He joined in the Government Degree College, Baluwakot, District Pithoragarh on 21/7/2005. In between 30/11/2009 and 11/12/2012, the petitioner continued in that College and was transferred from Government Degree College, Baluwakot, District Pithoragarh to Government Post Graduate College, Bageshwar, District Bageshwar, and finally to Laxman Singh Mahar Government Post Graduate College, Pithoragarh, District Pithoragarh, where he is continuing at present as Associate Professor.

(3.) The University Grants Commission, as per the G.O. No. 1479(1)/xxiv(7)/2013-45(4)/11 dtd. 28/5/2013, brought out the Career Advancement Scheme, 2010. Clause 8 of the said Scheme provides as follows :-