DHANPAL SINGH CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the present Writ Petition, primarily, to seek the preponement of his date of promotion from the post of Associate Professor to the post of Professor (Forestry) in the respondent-Hemwati Nandan Bahuguna Garhwal University, Srinagar, Pauri Garhwal, from 6/3/2020 ' when he joined the said post, to 2/9/2017.

(2.) The short compass, in which the present case falls, is that the petitioner became Associate Professor on 2/9/2014. On completion of three years, he became eligible to be considered for promotion to the post of Professor in the relevant subject, in terms of the Regulations issued by the UGC, being the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010, framed by the University Grants Commission. The said Regulations, inter alia, provide in Regulation 6/3/12(a) that 'If a candidate applies for promotion on completion of the minimum eligibility period and is successful, the date of promotion will be from that of minimum period of eligibility.'

(3.) Though, the petitioner became eligible for consideration for promotion to the post of Professor, under the aforesaid Regulations, on 2/9/2017, his case was considered only after the coming into force of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018, which were enforced vide notification dtd. 18/7/2018. Even under the said Regulations, there is a pari materia provision in Regulation 6.3(VI)(i). Insofar as, the said Regulation is relevant, the same reads as follows :-