GEETANJALI TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) These bunch of cases raise similar questions of law and fact and have been heard together. They are thus being disposed of by this common judgment. Writ Petition No.580 of 2023 filed by Geetanjali Tiwari (Pandey) is taken as the lead case.

(2.) All the petitioners/appellants in this bunch undisputedly possess minimum qualification prescribed for appointment to the post of Assistant Professor in a recognized university or the degree colleges affiliated to it. The qualification for appointment to the post of Assistant Professor is prescribed by the UGC regulations notified on 18/7/2018, titled as 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 (hereinafter referred to as 'the Regulations'). The post of Assistant Professor as per the regulations is to be filled by way of direct recruitment. Clause 4 of the regulations, in so far as it deals with appointment on the post of Assistant Professor, is extracted hereinafter:-

(3.) The regulations also provide for selection committee for appointment to the post of Assistant Professor. The procedure for selection is also specified in the regulations. Assessment criteria for determining merit as also its methodology are specified in the regulations. Clause 10 of the regulations then provide for counting of past service for direct recruitment and promotion under career advancement scheme. This clause though does not appear to have any relevance for appointment to the post of Assistant Professor, by direct recruitment, but since clause 10(f)(iii) is applied for short-listing of candidates to be called for interview and is also challenged in some of the petitions, therefore, it has become necessary to refer to it. Clause 10 of the regulations is extracted hereinafter:-