RAJENDRA MISHRA Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) In the instant petition, the petitioner has prayed for the following reliefs:

(2.) It is stated in the petition that the petitioner was initially appointed as Lecturer, Management Studies pursuant to the selection made by the Selection Committee of Jammu University vide letter of appointment dtd. 17/6/1992 and later on, the petitioner was promoted as Senior Lecturer under Career Advancement Scheme vide order dtd. 19/12/2000 and thereafter, the petitioner was further promoted as Reader under the Career Advancement Scheme vide order dtd. 4/9/2004 and thereafter, the petitioner was promoted as Senior Lecturer with retrospective effect w.e.f. 27/7/1998 vide order dtd. 7/12/2007 and the promotion of the petitioner as Reader was also given retrospective effect w.e.f. 4/8/2001. Later on, by way of subsequent order dtd. 17/12/2007, order dtd. 7/12/2007 was modified and the retrospective effect of promotion of the petitioner to the post of Senior Lecturer and Reader was changed i.e. instead of 27/7/1998, the effect of the promotion of the petitioner as Senior Lecturer was given from 4/8/1998 and insofar as, post of Reader is concerned, the same was changed from 4/8/2001 to 4/8/2003. The petitioner was further promoted as Assistant Professor w.e.f. 4/8/2006. It is further stated that the University Grant Commission respondent No. 4 herein in exercise of powers conferred under Clause (e) and (g) of the sub-sec. (1) of sec. 26 of the University Grant Commission(UGC) Act, 1956 framed the UGC (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, 2010 (for short the UGC Regulations, 2010). Regulation/Clause 1.3 of the UGC Regulations, 2010 provides that in the event, any candidates become eligible for promotion under Career Advancement Scheme in terms of these Regulations on or after 31/12/2008, the promotion of such candidate is to be governed by the provisions of these regulations.

(3.) The respondent Nos. 1 to 3-University of Jammu issued an advertisement on 18/9/2012 inviting applications for direct recruitment to the post of Professors and since the petitioner was fully eligible, therefore, he responded to the aforesaid advertisement for direct recruitment and as the petitioner stood promoted as Associate Professor (w.e.f. 4/8/2006), therefore, as per Regulation 4.4.5. sub-regulation (3) of the UGC Regulations, 2010, the petitioner became eligible for direct recruitment as Professor after completion of 10 years of total teaching experience with 05 years at the level of Reader (i.e. on 4/8/2008), therefore, the UGC- respondent No. 4 vide communication dtd. 20/5/2013 called the petitioner for appearing in the interview for the post of Professor under direct recruitment process. The interview of the petitioner was not conducted. Thereafter, the petitioner vide representation dtd. 25/10/2013 requested the Vice Chancellor of the Jammu University respondent No. 2 herein to conduct the interview of the petitioner immediately and forthwith.