S C GUPTA Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) SINCE on same set of facts similar controversy has been raised, both the writ petitions have been heard together and are being decided by this common order as prayed by counsel for the parties.

(2.) THE matter relates to consideration for personal promotion under Career Advancement Scheme as framed by the University Grants Commission (hereinafter to be referred as Commission) for promotion to the post of Professor from the post of Associate Professor. After scheme been framed by the University Grants Commission criteria for consideration for such promotion was earlier fixed by the Commission on 19. 5. 2001. THE norms and criteria was however subsequently revised vide order dated 21. 5. 2002. A corresponding notification was also issued by the respondent-University on 20. 7. 2005. THE revised criteria was to be made effective from 1. 3. 2002.

(3.) MR. A. K. Sharma, learned counsel appearing on behalf of the respondent-University submitted that by the above directions of the Commission the University authorities are in a fix. On one hand, they have to comply with the directions of this Court and the benefit has to be extended to all eligible persons from the date the juniors have been so promoted and in many cases the junior persons had been given benefit as per criteria laid down by the Commission in the year 2001, on the other hand, the Commission which is the controlling authority of the scheme is insisting upon consideration as per existing criteria.