Dr. Prashant Singh & Ors @APPELLANT@Hash State & Ors

Rajiv Sharma, J

The University Grants Commission has framed the Regulations governing the promotion to the post of Professor in the year 2010. The Regulations

in entirety were adopted by the State of Uttarkhand to regulate promotions in the Colleges to the post of Professor and other cadres. Paras 6.4.8,

6.4.9, 6.5.1 and 6.5.2 reads as under:

“6.4.8. 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 appointed and designated as Professor and he placed in the next higher grade (stage 5), subject to (a) satisfying the required credit points as per

API based PBAS methodology provided in Table I-II of Appendix IV stipulated in these Regulations, and (b) an assessment by a duly constituted

selection committee as suggested for the direct recruitment of Professor. Provided that no teacher, other than those with a Ph.D shall be promoted or

appointed as Professor.

6.4.9. In the case of Associate Professors in Colleges, promotion to the post of Professor under CAS shall be further subject to Clause 6.5.1 and 6.5.2

of this Regulation.

6.5.1(i) Ten percent of the number of the posts of Associate Professor in un Under Graduate College shall be that of Professors and shall be subject

to the same criterion for selection/ appointment as that of Professors in Universities.

Provided that there shall be no more than one post of Professor in each Department.

Provided further that one-fourth (25%) of the posts of Professor in Under Graduate Colleges shall be directly recruited or filled on deputation by

eligible teachers and the remaining three-fourths (75%) of posts of Professors shall be filled by CAS promotion from among eligible Associate

Professors of the relevant department of the Under Graduate College.

For avoidance of doubt, it is clarified that sanctioned posts include the posts approved under both direct recruitment and CAS promotion.

(ii) Identification of posts of Professor in an Under Graduate College for being filled through direct recruitment/ deputation shall be carried out by the

affiliating / concerned University acting in consultation with the College. Where the number of posts of Professor worked out as a percentage of the

number of posts of Associate Professor for CAS promotion or direct recruitment/ deputation is not an integer, the same shall be rounded off to the

next higher integer.

(iii) The selection process is to be conducted by the university by receiving PBAS proformas from eligible Associate Professors based on seniority and

three times in number of the available vacancies. In case the number of candidates available is less than three times the number of vacancies, the

zone of consideration will be limited to the actual number of candidates available. The selection shall be conducted through the API scoring system

with PBAS methodology and selection committee process stipulated in these Regulations for appointment of Professors. For direct recruitment of the

25% of the posts, the ‘Rota-Quota’ system shall be followed starting with promotions and the direct recruitment quota shall be rotated in an

alphabetical order.

6.5.2 There shall be one post of Professor in each Department of a Post-Graduate College which shall be subject to the same criterion for selection/

appointment as that of Professors in Universities, provided that one-forth (25%) of the posts of Professors shall be filled on deputation/ direct

recruitment from among eligible teachers and the remaining three-fourths (75%) of posts shall be filled through merit promotion from among the

eligible Associate Professors in the relevant department of the Post â€" Graduate college. Identification of posts of Professor in a Post-Graduate

College for being filled through direct recruitment/ deputation shall be carried out by the affiliating / concerned University acting in consultation with

the College. The decision regarding whether the posts of professor will be for CAS promotion or direct recruitment/ deputation shall be within the

competence of the University acting in consultation with the College. Where the number of posts of professor for CAS promotion or direct

recruitment/ deputation worked out as a percentage of that total number of posts in a Post Graduate College is not an integer, the same shall be

rounded off to the next higher integer.

The selection process is to be conducted by the university by receiving PBAS proformas from eligible Associate Professors based on seniority and

three times in number of the available vacancies. In case the number of candidates available is less than three times the number of vacancies, the

zone of consideration will be limited to the actual number of candidates available. The selection shall be conducted through the API scoring system

with PBAS methodology, selection committee process stipulated in these Regulations for appointment of Professors. For direct recruitment of the

25% of the posts, the ‘Rota-Quota System’ shall be followed starting with promotion and the direct recruitment quota shall be rotated in an

alphabetical orderâ€​.

The effect of harmonious reading of these Regulations is that the post of Professor is to be filled up by way of selection after considering the case

of all eligible persons. However, the State Government, in variance to the Regulations framed by the University Grants Commission adopted by the

State Government, have issued the Government Order dated 28.09.2016, whereby now the promotion to the post of Professor has been restricted to

the senior-most Associate Professor, as per Clause 3. In the eventuality of the senior-most Associate Professor not being eligible, the next in seniority

would be promoted to the post of Professor. The eligible candidates are required to be considered at least in the ratio of 1:3. The most meritorious

candidates should be selected to the post of Professor strictly as per the Regulations. The Government Order issued by the State Government dated

28.09.2016 runs contrary to the Regulations framed by the University Grants Commission adopted by the State Government. The Notifications cannot

supersede the Regulations. If there is a conflict with the Regulations and Notifications, the Regulations would prevail.

The Director, Higher Education has also issued letters in contradiction to the Regulations framed by the University Grants Commission adopted by

the State Government on 12.10.2017/15.12.2017 by making the mode of promotion to the post of Professor as non-selection post instead of selection

post.

Accordingly, the writ petition is allowed. Clause 3 of the Government Order dated 28.09.2016 is quashed and set aside along with all consequential

orders dated 12.10.2017 (Annexure No.5) and dated 15.12.2017 (Annexure No.8). Respondents are directed to initiate and complete the selection

process for filling up the post of Professor strictly as per University Grants Commission norms adopted by the State Government, within a period of

ten weeks from today.