VINOD KUMAR Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) Pleadings on record would indicate that the petitioner is presently working as Assistant Professor (Chemistry) in M.M. Engineering College, Mullana. Applications are stated to have invited for the post of Assistant Professor (Chemistry) vide advertisement dated 31.08.2014 by respondent No.3/College i.e. S.A. Jain College, Ambala City. Even though, the advertisement dated 31.08.2014 has not been placed on record, yet counsel would submit that an application was submitted for the post of Assistant Professor (Chemistry) and the petitioner was even called for an interview.

(2.) Grievance in a nutshell of the petitioner is that respondent/College has not selected the petitioner in terms of applying the criteria for selection contained in memo dated 25.06.2013 issued by the Director General, Higher Education, Haryana at Annexure P-3 which is on the subject of "revised criteria for selection of Principals and Assistant Professors in the non-government aided colleges in the State of Haryana".

(3.) The primary submission raised by counsel is that the criteria contained in memo dated 25.06.2013 at Annexure P-3 and applied for selection to the post of Assistant Professor (Chemistry) and for which the petitioner had applied is in derogation of the UGC REGULATIONS FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION, 2010 (hereinafter to be referred to as 'the UGC Regulations 2010'). In support of such contention, counsel has referred to Clause 4.4.0 governing the post of Assistant Professor as also Clause 4.4.1 which lays down the minimum eligibility condition for the post of Assistant Professor in various streams including that of Sciences. It is contended that in the criteria for selection for the post of Lecturer/Assistant Professor and as contained in memo dated 25.06.2013 issued by the Director General, Higher Education Haryana, 50% marks had been allocated for academic record. Such marks are to be allocated on the basis of percentage of marks possessed by a candidate at the matriculation level, 10+2 level, bachelor degree/graduation level, masters degree/post graduation level and for having been awarded a gold medal at post graduation level/UG level or being topper in the Board Examination at 10+2 level. As per counsel, under the UGC Regulations 2010 and particularly under Clause 4.4.1, good academic record had been defined to be possessing at least 55% marks at the masters degree level in the relevant subject and which the petitioner possesses in as much as he has qualified the M.Sc. degree with 60% marks. Contention raised is that the criteria applied for academic record and as contained in the memo dated 25.06.2013 at Annexure P-3 is in violation of the UGC Regulations and supersede the same.