Dr. Deepak Kumar Tiwari vs State Of Uttarakhand And Others

S.K. Mishra, J

By filing this Writ Petition, the petitioner, a holder of Ph.D., has prayed for issuance of a writ in the nature of mandamus directing the respondent nos. 1 and 2 to permit him to move his application as per the eligibility criteria of UGC Regulation 2010, or as per the UGC Regulation, 2018, and give the option to the petitioner to move his application as per his choice i.e. either under the 2010 or 2018 UGC Regulations. He has further prayed for issuance of a mandamus directing the respondent nos. 1 and 2 to provide same treatment and mode of option like it has been given to the Assistant Professor working in the Government Degree College on the post of Associate Professor, and to the Associate Professor of the Government Aided Private Colleges as per window period of three years between 18.07.2018 to 17.07.2021.

The facts of the case are not in dispute. The petitioner was initially appointed in the year 2005 as a Lecturer/Assistant Professor in the Higher Education Department for teaching the subject of Mathematics. He joined in the Government Degree College, Baluwakot, District Pithoragarh on 21.07.2005. In between 30.11.2009 and 11.12.2012, the petitioner continued in that College and was transferred from Government Degree College, Baluwakot, District Pithoragarh to Government Post Graduate College, Bageshwar, District Bageshwar, and finally to Laxman Singh Mahar Government Post Graduate College, Pithoragarh, District Pithoragarh, where he is continuing at present as Associate Professor.

The University Grants Commission, as per the G.O. No. 1479(1)/xxiv(7)/2013-45(4)/11 dated 28.05.2013, brought out the Career Advancement Scheme, 2010. Clause 8 of the said Scheme provides as follows :-

“8. Associate Professor completing three years of service in stage 4 and possessing a Ph.D. Degree in the relevant discipline shall be eligible to be designated as Professor and be placed in the next higher grade (stage 5 i.e. Grade Pay Rs. 10000), subject to (a) satisfying the required credit points as per API based PBAS methodology provided in UGC Regulations, and (b) an assessment by a duly constituted committee, Provided that no teacher, other than those with a Ph.D., shall be promoted as Professor.”

Thereafter, no advertisement was brought out by the State of Uttarakhand for giving promotion on the post of Professor in Government Colleges/Government Aided Colleges. In the year 2008, as per the Gazette Notification dated 18.07.2018, the UGC issued Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018. The relevant provision is Clause 6.3, which reads as follows :-

“6.3 The criteria for promotions under Career Advancement Scheme laid down under these Regulations shall be effective from the date of notification of these Regulations. However, to avoid hardship to those faculty members who have already qualified or are likely to qualify shortly under the existing regulations, a choice may be given to them, for being considered for promotions under the existing Regulations. This option can be exercised only within three years from the date of notification of these Regulations.”

(underlined to emphasize)

On 06.09.2019, the aforesaid Regulations of the UGC were adopted by the State of Uttarakhand, and the Evaluation Committee was approved by the State of Uttarakhand on 25.10.2021. Thereafter, on 11.12.2021, the respondent no. 2 invited applications for Career Advancement Scheme for the post of Senior Scale.

In that view of the matter, Mr. S.S. Yadav, the learned counsel for the petitioner, would argue that in view of Clause 6.3 of the 2018 UGC Regulations, the petitioner is entitled to exercise his option either to be considered under the 2010 or the 2018 Regulations of the UGC. The learned counsel would further submit that in the interregnum, there was no advertisement for the post of Career Advancement Scheme of teachers. Hence, the petitioner was denied of any chance to make an application for the Career Advancement Scheme, for which he is entitled, and is also eligible.

On the other hand, Mr. Pradeep Joshi, the learned Additional Chief Standing Counsel for the State of Uttarakhand, would submit that they have sought a clarification from the University Grants Commission, and as per Annexure No. CA-4 (Colly) to the counter-affidavit, which is quoted at paragraph no. 6 of the counter-affidavit, the said window or period of relaxation is available to any candidate only for three years, and in the meantime three years’ period has elapsed. Hence, the petitioner is not entitled to be given option either to be considered under the 2010 or the 2018 UGC Regulations.

Mr. Vikas Pande, the learned counsel is present on behalf of the University Grants Commission, but no counter-affidavit has been filed on behalf of the University Grants Commission.

The submissions made by the learned Additional Chief Standing Counsel for the State of Uttarakhand are unacceptable in view of the fact that the UGC Regulations of the year 2018 were placed before the Evaluation Committee and it recommended the same in the year 2019, which was adopted by the State of Uttarakhand in the year 2019. In the interregnum, there was no advertisement for Career Advancement Scheme for any of the Assistant Professor or Associate Professor. So, in effect, the petitioner was denied any opportunity of availing this three years’ window period for no fault of his. It is not the case of the State of Uttarakhand that, in the meantime, there was no vacancy in the post of Professors.

That being the position, we are of the opinion that the interest of justice would be sub-served if the petitioner is considered for Career Advancement Scheme as per his option either under the 2010 or the 2018 UGC Regulations.

In that view of the mater, we find enough merit in this Writ Petition. The Writ Petition is, hereby, allowed. The respondent no. 2, namely Director, Higher Education, is directed to permit the petitioner to move his application as per the eligibility criteria of the 2010 or the 2018 UGC Regulations, as per his option.

It is brought to our notice that the interview is scheduled to be held on 28.04.2022 i.e. tomorrow. As this Writ Petition is allowed today, the respondent no. 2, namely the Director, Higher Education, shall make arrangements of a special sitting to interview the petitioner, if he is found eligible, on a suitable date in future.

There shall be no orders as to cost.

In sequel thereto, all pending applications also stand disposed of.

Urgent certified copy of this order be issued to the parties, as per Rules.