Section 50 in The Dr. Babasaheb Ambedkar Technological University Act, 1989
50. Committee for selection and appointment of University teachers.
(1)The selection and appointment of teachers of the University, other than those recognised by the University, for imparting instruction on its behalf, shall be in accordance with this and the next succeeding section.(2)(a)There shall be selection committees for making recommendations to the Executive Council for the appointment of all such teachers of the University.(b)Every selection committee shall consist of:-(i)the Vice-Chancellor, ex-officio Chairman;(ii)one person, nominated by the Chancellor;(iii)two representatives, one each of the All India Council of Technical Education and Director of Technical Education;(iv)the Head of the University department concerned, if he is a professor; and(v)three persons, nominated by Executive Council out of a panel of not less than six names of persons recommended by the Academic Council being, persons not connected with the University, who have special knowledge of the subject for which the teacher is to be selected;(vi)one person belonging to the Scheduled Castes [Scheduled or, as the case may be, Other Backward Classes] [These words were substituted for the words 'or Scheduled Tribes' by Maharashtra 7 of 1993, Section 20(a).] from amongst persons are experts in educational field, nominated by the Chancellor.(3)The Registrar shall act as Secretary of the Committee.(4)(a)Every post of a teacher of the University, to be filled by selection, shall be duly and widely advertised according to a draft approved by the Executive Council together with particulars of the minimum and other additional qualifications, if any, required, the emoluments and the number of posts to be filled, out of the posts to be filled the, number of posts if any, which are reserved for the members of the Scheduled Castes [Scheduled Tribes or Other Backward Classes] [These words were substituted for the words 'or Scheduled Tribes' by Maharashtra 7 of 1993, Section 20(b).] and reasonable times shall be allowed within which the applicants may, in response to the advertisements, submit their applications.(b)The date of the meeting of every selection committee shall be so fixed as to allow notice thereof being given of at least thirty days to each member and to the candidates, and the particulars of each candidate shall be so sent to each member as to reach him at least seven days before the date of the meeting.(c)The quorum at a meeting of every selection committee shall be four members, of whom at least two shall be persons nominated under sub-clause (v) of clause (b) of sub-section (2).(d)The selection committee shall interview, adjudge the merits of each candidate in accordance with the qualifications advertised, and report to the Executive Council the names, arranged in order of merit of the person or persons, if any whom it recommends for appointment to the general posts and the reserved posts, if any, as advertised:Provided that, for the posts of professor, a selection committee may, in preference to the candidates who have applied and appeared before it, recommend for appointment the names of any other person who may not have applied or appeared before it, and who are duly qualified.(e)The Executive Council shall appoint, from amongst the persons so recommended, the number of persons required to fill the general posts and reserved posts if any, as advertised:Provided that, where the Executive Council proposes to make an appointment otherwise than in accordance with the order of merit arranged by the selection committee, it shall record its reasons in writing and submit them to the Chancellor, who may approve the proposal or return it to the Executive Council for reconsideration. After reconsideration, if the Executive Council desires to pursue its original proposal, it shall refer the matter again to the Chancellor for his decision which shall be final:Provided further that, where a selection committee recommends to the Executive Council the name of one person only and that person is not acceptable to the Executive Council, the Executive Council, shall record its reasons in writing for not accepting the recommendation, and direct the Registrar to advertise the vacancy again and convene a meeting of the selection committee for making fresh recommendations, and, in so doing, communicate to every member of the selection committee the reasons recorded as aforesaid.(5)If, on a petition by any person directly affected, or suo motu, the Chancellor, after making or having made such inquiries or obtaining or having obtained such explanations, as may be or may have been necessary, is satisfied that the appointment of a teacher of the University, made by any authority of officer of the University at any time on or after this Act comes into force is not in accordance with the law at that time in force, the Chancellor, may order, notwithstanding anything contained in the contract relating to the conditions of service of such teacher, direct the Vice-Chancellor to terminate his appointment after giving him one month's notice, or one month's salary in lieu of such notice, and the Vice-Chancellor shall forthwith comply and take steps for a fresh selection to be made. The person whose appointment has been so terminated shall be eligible to apply again for the same post.(6)Any order made by the Chancellor under sub-section (5) shall be final, and a copy of the order shall, as far as possible, be served on the teacher concerned by the Vice-Chancellor within three days from its receipt(7)It shall be the duty of the Vice-Chancellor to ensure that no payment whatsoever is made to any person, by way of salary or allowance, from the funds of the University, for any period after the termination of his services, and any authority or officer authorising or making any such payment shall be liable to reimburse to the University the amount so paid.
