VIRENDRA TIWARI Vs. JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA

JUDGEMENT

(1.) This petition is under Article 226 of the Constitution of India. The petitioner is basically claiming in the petition that the respondents may be directed to correct the date of professorship (CAS) of the petitioner w.e.f. 28.04.2012 with all consequential benefits of pay, perks and status. Although the petitioner has been granted professorship w.e.f. 27.11.2014, but, as per the petitioner, the same ought to have been granted to him w.e.f. 28.04.2012.

(2.) To resolve the controversy involved in the petition, the facts in brief are required to be referred. The petitioner had participated in the National Open Selection Process and was selected and joined as Assistant Professor in the respondent-University on 08.10.1984. Thereafter the petitioner was inducted into the cadre of Associate Professor w.e.f. 01.01.2006. He completed his Doctorate and was granted the Doctorate Degree on 28.04.2012. Thereafter, under Career Advancement Scheme (for short 'CAS') selection for the post of Professor was announced after the 203rd meeting of the Board held on 28.01.2014 and the same was notified vide notification dated 27.03.2015 with cut-off date 31st March, 2015 in which the last date of submission of application was 15.06.2015. The petitioner applied in terms of the stipulated procedure in prescribed proforma, however, the University further issued a notification dated 17.06.2016 (Annexure P/7) extending the date of submitting application up to 28 th June, 2016 with the condition that those who had already applied need not apply again, however, they may submit additional informations, if any. Despite extending the date of submission of application, the cut of date i.e. 31st March, 2015 was kept unchanged by the respondent-University. The petitioner successfully qualified the selection process and was appointed as CAS Professor w.e.f. 27.11.2014, but, as per the petitioner, this is not the correct date of his CAS Professorship because he should have been granted the same w.e.f. 28.04.2012. During the currency of selection process, a corrigendum was issued on 20.01.2016 (Annexure P/2) modifying the eligibility criteria mentioned in the notification dated 13.03.2015. The petitioner, when enquired as to why he was not granted the CAS Professorship w.e.f. 28.04.2012, he came to know that he did not have the required qualification on 28.04.2012, as per the changed eligibility criteria mentioned in the corrigendum (Annexure P/2) and as he acquired the said qualification only on 27.11.2014, therefore, the CAS Professorship was made effective from the said date.

(3.) As per the petitioner, this action of the respondents is absolutely illegal and contrary to settled principles of law that once the process of selection starts, there cannot be any change in the eligibility criteria in the mid of the selection process and the authority cannot change the rule of game once the game starts. Therefore, such corrigendum has no applicability and the same is sought to be declared illegal and its quashment. As per the averments made in the petition, the corrigendum dated 20.01.2016 brings about vital changes in the criteria, contrary to the established UGC norms as have been approved in the 203rd meeting of the Board. It is also averred by the petitioner that the said corrigendum has been issued by the Registrar, who apparently does not possess any authority or power to issue such a corrigendum. The grievance of the petitioner is that the changed criteria is depriving him to get the benefit of CAS selection and promotion to the post of Professor w.e.f. 28.04.2012 and, therefore, as per the petitioner since the changed criteria has no application and is contrary to law, the case of promotion of the petitioner to the post of Professor ought to have been considered on the basis of criteria made in the notification dated 13.03.2015 (Annexure P/6). The petitioner has also made several representations to the authority, but, nothing has been done. Hence, this petition.