UGC Regulations 2010 | Teacher's Adhoc Service Of More Than One Year To Be Counted For Direct Recruitment Or Promotion: J&K&L High Court

The observations were made by Justice Sanjeev Kumar while hearing a plea wherein the petitioner, an Associate Professor in Media Education and Research Centre of the University of Kashmir prayed for issuance of a writ of certiorari for quashing communications issued by the University whereby the respondent had been placed as senior to the petitioner in the seniority list.

The facts of the instant case were that the petitioner and respondent No.6 had applied for the solitary post of Lecturer in Media Education and Research Centre [MERC] of the University in 2002. In the selection process, the petitioner came to be selected against the post and was, accordingly, appointed as Lecturer MERC. Vide same order the respondent No.6 too was appointed as Lecturer MERC on regular temporary basis. The order of appointment dated 16.05.2002 was, however, subject to approval of the Syndicate of the University. The Syndicate in its meeting held on 06.12.2003 cleared the appointment of the petitioner and, accordingly, the University vide its order dated 03-04-2004 confirmed the services of the petitioner as Lecturer, MERC with effect from 17.06.2003.

As the respondent No.6, continued on regular temporary basis, in the year 2007 the University again invited applications for making recruitment against various posts which included two posts of Lecturer (Migrant), MERC. The respondent No. 6, who was already in temporary employment of the University, made it to the selection against one of the two posts and was, accordingly appointed as Lecturer purely on temporary basis against migrant vacancy in MERC whereafter the temporary services of the respondent No.6 were confirmed as Assistant Professor ( earlier Lecturer), MERC with effect from 08-12-2008.

Subsequently vide order impugned dated 19-05-2010, both the petitioner and respondent No.6 were placed in the senior scale of Assistant Professors in MERC with effect from 17-05-2008 and 17-05-2007 respectively and this was where respondent No.6 stole a march ahead of the petitioner. It was this order which was the subject matter of challenge before the bench.

Contesting the plea the Respondent University submitted that the respondent No.6 stole march over the petitioner on account of her qualification of M.Phil and also as per UGC norms the ad hoc and temporary services rendered by the respondent No.6 have been counted for giving the benefit of promotion to the next higher level under CAS and hence prayed for the dismissal of the petition

Adjudicating upon the matter Justice Sanjeev Kumar observed that in terms of Clause 10.1 of the University Grants Commission (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) Regulations 2010, the period of ad hoc or temporary services of more than one year duration is provided to be counted for direct recruitment or promotion under Career Advancement Scheme of a teacher as Assistant professor, Associate Professor, Professor etc. etc. subject to the condition laid down in Clause 10.1 itself.

Elaborating further on the Regulations in vogue Justice Kumar explained that a bare reading of sub clause (f) of Clause 10.1 of the Regulations it is abundantly clear that ad hoc and temporary services of more than one year duration can be counted subject to the conditions that

"(i) the period of service was of more than one year duration;

(ii) the incumbent was appointed on the recommendation of duly constituted Selection Committee; and

(iii) the incumbent was selected to the permanent post in continuation to the ad hoc or temporary service, without any break."

Applying the said regularizations the court stated that the respondent No.6 who was appointed as Lecturer temporarily initially on 16-05-2002 has rendered her temporary services for a period of more than one year whereafter the temporary service of respondent No.6 was followed by her regular appointment on a permanent post.

"The respondent University has thus committed no illegality in giving the benefit of ad hoc services to the respondent No.6 while placing her in the senior scale under CAS, or for her further placement/ promotion as Associate Professor. From reading of Clause 10.1 above, one may get a sense of an anomalous situation whereby a person with temporary or ad hoc services may, in the given facts steal a march over a person who is appointed against permanent post on substantive basis prior to such candidate stealing march because of his/her ad hoc or temporary services rendered with a private local body or Government." said the court.

Rendering approval to the actions of respondent University, the court also stated that the respondent No.6 besides being Postgraduate in the relevant subject also possesses M.Phil degree in the subject relevant to the teaching discipline and accordingly as per the CAS, the petitioner was rightly entitled to be placed in the senior scale after completing six years as Assistant Professor whereas respondent No.6 became eligible for the senior scale on completion of five years service.

In view of the aforesaid analysis, the Court dismissed the petition as not maintainable.

Case Title : Syed Afshana Bhat Vs University of Kashmir & Ors.

Citation : 2022 LiveLaw (JKL) 175

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