SANJEEV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed for grant of the following substantive reliefs:

(2.) It is averred that all the petitioners are serving as Associate Professors in the colleges of State of Himachal Pradesh and possess Ph.D. degree, therefore, are fully eligible for promotion/appointment to the post of Principal (college cadre) as per State regulations and also University Grants Commission (UGC) regulations, as amended from time to time. It is averred that the respondents-State framed the Recruitment and Promotion Rules for the post of Principal (college cadre) vide notification dtd. 18/3/2014, wherein it was provided that the post of Principal (college cadre) would be filled up 75% by way of promotion and 25% by direct recruitment.

(3.) It is further averred that the UGC framed regulations in the year 2010 by repealing earlier regulations dtd. 4/4/2000. As per clause 4.2.0, of regulations 2010, the qualification as required for the appointment of Principal is that a candidate must possess a master's degree with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) by a recognized university and Ph.D degree along with experience/service of at least 15 years. However, these regulations were subsequently amended vide notification dtd. 18/7/2018 and in terms thereof, eligibility/ qualification for the post of Principal (college cadre) as provided vide clause 4.1 (v is Ph.D. degree with 15 years of experience as Professor/Associate Professor, minimum of 10 research publications and minimum of 110 research score as per appendix II, table 2 enclosed with the regulations.