Dr. S.K. Pant vs Union Of India and Others

We have heard Shri P.K. Jain and Shri A.K. Sinha, learned counsel for the petitioner. Shri Shailendra appears for the Govind Ballabh Pant Social Science Institute. Shri A.K. Goyal appears for the Allahabad University. Shri Firoz Ahmad has entered appearance on behalf of the Union of India. The petitioner was serving as Reader in the institute since 1994. He became eligible to be considered for the post of Professor after completing 8 years w.e.f. 27.7.2002 under Career Advancement Scheme. The Selection Committee, however, met in June, 2009 and based on behalf of the report UGC fixed his eligibility in 2008.

On the recommendations the Board of Governors in its 54th General Meeting held on 14th August, 2009, petitioner''s promotion was approved to be effected from April 1st, 2008.

The petitioner petitioned that he has 9 publications from 1994 to 2002. He may have submitted them for assessment but he did not do so. The Joint Secretary, UGC considered the representation and observed as follows:-

"Considering that the applicant has publications in referred Journals 1994-2002, which have not been assessed so far, it is requested that the UGC may like to consider one of the following or any other options so that Dr. Pant''s date of eligibility could be changed to 2002, if found suitable.

(a) Considering that the applicant has publications in referred journals for the period 1994- 2002, and has already been assessed and interviewed, the UGC may permit the date of eligibility in 2002; or

(b) If the UGC approves, the Institute sends publications for the period 1994-2002 to refeerees and if the report be positive, Dr. S.K. Pant may be promoted from his date of eligibility in 2002."

The petitioner again represented on which the Board of Governors in its 57th General Meeting held on 27th November, 2010 considered the recommendations of the Selection Committee for career advancement and approved his promotion from Reader to Professor to be effective from April 1st, 2006 vide letter of the Director of the Institute dated 28th November, 2010.

It is submitted that the UGC recommendations cannot override the byelaws of the institute.

The UGC recommendations provided the date on which the promotions under the Career Advancement Scheme to be made effective as follows:-

"(iii) such promotion shall be granted with effect form the date on which the faculty member takes charge of the post of Reader or Professor to which he has been promoted:

(iv) such promotion shall be from the date of eligibility as per UGC Guidelines or 1.04.2006, whichever is later."

It is alleged that cut off date on 1.4.2006 is arbitrary and has no rationale to be achieved and thus the petitioner''s eligibility should be treated as per UGC guidelines, and accordingly the petitioner''s promotion should be from the date of his eligibility i.e. 27.7.2002.

The documents annexed to the writ petition prima facie demonstrate that the petitoner was recommended for promotion w.e.f. April 1st, 2008. He did not submit documents for evaluation by the experts upto the date of his eligibility i.e. 27.7.2002. He had submitted the documents by later period and had subsequently represented that he could not submit the documents of the period upto 2002.

We are unable to appreciate as to how could an officer of the UGC, on her own, consider to change the date of his eligibility to promotion, when the material relied upon by the petitioner was not placed, and was not assessed by the experts for the relevant period.

Shri Shailendra, learned counsel appearing for the institute submits that the petitoner could not be given promotion from any date prior to 1.4.2006, as the institute was funded by the University Grants Commission from 1.4.2006.

Prima facie we find that in this case the University guidelines have not been superseded by the byelaws. The byelaws have infact adopted the UGC guidelines for the purposes of fixing the date from which the promotions can be made effective. Let the respondents file counter affidavit within four weeks. The rejoinder affidavit may be filed within two weeks, thereafter. List on 28th February, 2012.