Section 31 in Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018
31. Appointment of Teachers.
(1)Subject to the provisions of this Act, the teachers shall be appointed by the Executive Council on the recommendation of a Selection Committee in the manner hereinafter provided. The Selection Committee shall meet as often as necessary:Provided that the teachers may be engaged on contract basis for a period not exceeding one year in special circumstances when there is acute need for the permission of any regulatory body. Minimum qualifications and experience shall be such as prescribed as per the guidelines of the Government.(2)The appointment of every such teacher not being an appointment under sub-section (3), shall in the first instance be on probation for one year which may be extended by the Executive Council for a period not exceeding one year:Provided that no order of termination of service during or on the expiry of the period of probation shall be passed in the case of a teacher of the University, except by the order of the Executive Council made after considering the report of the Vice-Chancellor and (unless the teacher is himself the head of the department), the head of the department concerned:Provided further that no such order of termination shall be passed except after notice to the teacher concerned giving him an opportunity of explanation in respect of the grounds on which his services are proposed to be terminated:Provided also that if a notice is given before the expiry of the period of probation or the extended period of probation, as the case may be, the period of probation shall stand extended until the final order of the Executive Council under the first proviso.(3)Where any teacher is appointed (after reference to a Selection Committee) to a temporary post likely to last for more than six months, and such post is subsequently converted into a permanent post, or a permanent post in a vacancy caused by the grant of leave to an incumbent for a period exceeding ten months and such post subsequently becomes permanently vacant or any post of same cadre and grade is newly created or falls vacant in the same department, then unless the Executive Council decides to terminate his services after giving an opportunity to show cause, it may appoint such teacher in a substantive capacity to the post without reference to a Selection Committee:Provided that this clause shall not apply unless the teacher concerned holds the prescribed qualification for the post at the time of such substantive appointment and he has served continuously for a period of not less than one year after his appointment made after reference to a selection committee:Provided further that appointment in a substantive capacity under this clause of a teacher who had served before such appointment continuously for a period of less than two years, shallbe on probation for one year which may be extended for a period not exceeding one year and the provisions of sub-section (2) shall apply accordingly.(4)The Selection Committee for the appointment of a teacher in the University shall consist of-(i)the Vice-Chancellor, who shall be the Chairperson thereof;(ii)the Head of the Department concerned:Provided that the Head of the Department shall not sit in the Selection Committee when he is himself a candidate for appointment or when the post concerned is of a higher rank than his sustentative post and in that event his office shall be filled by the senior most professor in the Department and if there is no Professor by the Dean of the Faculty;Provided further that where the Chancellor is satisfied that in the special circumstances of the case a Selection Committee cannot be constituted in accordance with the preceding proviso, he may direct the constitution of the Selection Committee in such manner as he thinks fit.(iii)in the case of a Professor or an Associate Professor, three experts, and in any other case, two experts to be nominated by the Chancellor.(5)(a)A panel of six or more experts in each subject of study shall be drawn up by the Chancellor after consulting the corresponding faculty in Indian University or such academic bodies or research institutions in or outside Uttar Pradesh as the Chancellor may consider necessary. Every expert to be nominated by the Chancellor under sub-section (4) shall be a person whose name is borne on such panel.(b)A panel referred to in clause (a) shall be revised after every three years.Explanation I. - For the purposes of this sub-section a branch of subject in which a separate course of study is prescribed for a postgraduate degree shall be deemed to be a separate subject of study.Explanation II. - Where the post of teacher to be selected is common to more than one subject of study the expert may belong to either of such subject of study.(c)The Chancellor may intimate in a specified order, a large number of names of experts than required under sub-section (4) for serving as his nominees on the Selection Committee in such case on any person whose name appears higher in the specified order not being available for a meeting of the Selection Committee, a person whose name appears nearest lower in the specified order shall be requested to serve on the Committee.(6)No recommendation made by a Selection Committee referred to in sub-section (4) shall be considered to be valid unless one of the experts has agreed to such selection.(7)Subject to the provisions of sub-section (6), the majority of the total membership of any Selection Committee shall form the quorum of such Committee:Provided that the case of a Professor or an Associate Professor the persons present to form the quorum must include at least two expert.(8)It shall be open to the Selection Committee to recommend one or more but not more than three names for each post.(9)In the case of appointment of a teacher if the Executive Council does not agree with the recommendation made by the Selection Committee, the Executive Council shall refer the matter to the Chancellor along with the reasons of such disagreement and his decision shall be final:Provided that if the Executive Council does not take a decision on the recommendations of the Selection Committee within a period of four months from the date of the meeting of such Committee, then also the matter shall stand referred to the Chancellor and his decision shall be final.(10)The disqualification of members of Selection Committee for appointment of teacher on the ground of interest for participating in the deliberations of such Committee and other matters relating to appointment of such teachers shall be prescribed by the Statutes.(11)No selection for any appointment under this section shall be made except after advertisement of the vacancy in at least three issues of two newspapers having adequate circulation in Uttar Pradesh.
