Amar Kumar Singh v. HonBle Chancellor, Universities Of Jharkhand
2003-07-18
M.Y.EQBAL
body2003
DigiLaw.ai
ORDER M.Y. Eqbal, J. 1. In this writ application the petitioner seeks appropriate direction upon the respondents-Siddhu Kanhu University to take appropriate step for sending his name to the Jharkhand State Public Service Commission for being considered for the post of Professor in the faculty of English in P.G. Centre at Dumka. 2. The petitioner is working as Reader in the faculty of English in the P.G. Centre of the respondent-University with effect from 24.2.1991. He was appointed as lecturer in Bhagalpur University on 24.2.1983. It is contended by the petitioner that he has been teaching the post graduate students for the last 17 years in P.G. Centre of the University and has published several books on the subject. The petitioner was given promotion on the post of Reader in the year, 1991 as he completed 8 years of service as Reader in English on 24.2.1991. Thereafter, he applied for the post of Professor and filed several representations for his promotion to the post of Professor but the University has not recommended his name to the Commission for consideration of his case for appointment on the post of Professor in the faculty of English. 3. The respondents in their counter affidavit have stated that the petitioner was promoted to the post of Reader under Merit-cum-Time Bound Promotion Scheme on 24.2.1991. It is stated that the petitioner has completed 16 years of continuous service required for the promotion to the post of University Professor on 24.2.1999 but the time bound promotion scheme is valid only upto 23.9.1995 as per Statute approved vide letter dated 23.9.1995. Hence, the petitioners application cannot be screened and sent to the Commission for being granted concurrence. It is contended that after 23.9.1995 the University need to take open interview conducted by the University Grants Commission for promotion to the post of Reader/University Professor. The petitioner is free to apply for appointment to the post of University Professor if advertisement is made by the U.G.C. against the sanctioned post in any University/College throughout the country. 4. Mr. M.S. Anwar, learned counsel appearing on behalf of the University, in course of argument, drew my attention to the aforementioned letter No. BSU-20/95-2133 (G.S.-II) dated 23.9.1995.
The petitioner is free to apply for appointment to the post of University Professor if advertisement is made by the U.G.C. against the sanctioned post in any University/College throughout the country. 4. Mr. M.S. Anwar, learned counsel appearing on behalf of the University, in course of argument, drew my attention to the aforementioned letter No. BSU-20/95-2133 (G.S.-II) dated 23.9.1995. From perusal of the said letter it appears that 1/3rd of the total number of permanent position of the Readers in the subject in the college and the University department, may be given merit promotion as Professor subject to fulfillment of other terms and conditions. One of the conditions for consideration for promotion from the post of Reader to the post of Professor is that the candidate must have completed atleast 8 years of continuous service as Reader. 5. On the other hand learned counsel appearing on behalf of the petitioner has drawn my attention to the Regulation framed by the University Grants Commission, a copy of which has been annexed as Annexure 7 to the writ application. It also provides that in addition to the sanctioned position of Professors to be filled up by direct recruitment, promotion may be made from the post of Reader to the post of Professor after 8 years of continuous service as Reader. 6. In my opinion, the matter needs reconsideration by the University in the light of the Statute and the Regulation framed by the U.G.C. 7. For the aforesaid reason 1 dispose of this writ application with a direction to the respondent-University to reconsider the case of the petitioner in the light of the Statute and the Regulation and take appropriate decision in the matter of sending the name of the petitioner to Jharkhand State Public Service Commission for considering the case of the petitioner for his promotion to the post of Professor. Such decision must be taken within a period of two months from the date of receipt of a copy of this order.