Dr. Shalini Gupta vs State Of Uttarakhand And Others

Vipin Sanghi, CJ

Issue notice.

Counsel for the respondents appear and accept notice.

Since the issue is short, we are proceeding to dispose of the matter at this stage.

The submission of Mr. Shobhit Saharia, the learned counsel for the petitioner, is that the respondents have not called for the option, as stipulated in Clause 6.3 of the University Grants Commission (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, 2018.

Mr. Shobhit Saharia submits that the petitioner was eligible for promotion under the Career Advancement Scheme, under the Regulations framed, even prior to coming of these Regulations. He submits that the 2018 Regulations aforesaid were adopted by the State on 06.09.2019 and, therefore, the petitioner can exercise her option up to 06.09.2022, which date is fast approaching.

We, accordingly, permit the petitioner to provisionally exercise her option in terms of Regulation 6. 3 of the 2018 Regulations, for which purpose the respondent nos. 2 and 5 are directed to provide the requisite form to the petitioner within two days.

The respondents shall consider the case of the petitioner for promotion as per the Regulations of the UGC.

The Writ Petition stands disposed of in the aforesaid terms.

In sequel thereto, all pending applications stand disposed of.