Section 31 in Uttar Pradesh State Universities Act, 1973
31. Appointment of Teachers
. - (1) Subject to the provisions of this Act, the teachers of the University and the teacher of an affiliated or associated college (other than a college maintained exclusively by the State Government [* * *] [The words 'or by a local authority' omitted by Uttar Pradesh Act No. 12 1978.] shall be appointed by the Executive Council or the management of the affiliated or associated college, as the case may be, on the recommendation of a Selection Committee in the manner hereinafter provided. [The Selection Committee shall meet as often as necessary.] [Inserted by Section 3 of Uttar Pradesh Act No. 1 of 1992 (w.e.f. 22.11.1991).](2)The appointment of every such teacher, Director and Principal not being an appointment under sub-section (3), shall in the first instance be on probation for one year which may be extended 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 -(a)in the case of a teacher of the University, except by 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;(b)in the case of Principal of an affiliated or associated college, except by order of the Management; and(c)in the case of any other teacher of an affiliated or associated college, except by order of the Management made after considering the report of the Principal and (unless such teacher is the seniormost teacher of the subject), also of the senior most teacher of the subject :[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 clause (a) of the first proviso or, as the case may be, until the approval of the Vice-Chancellor under Section 35 is communicated to the teacher concerned.] [Inserted by Uttar Pradesh Act No. 5 of 1977.](3)(a)In the case of teacher of the University other than a Professor, the Vice-Chancellor in consultation with the Dean of the Faculty and the Head of the Department concerned and an expert nominated by the Chancellor in that behalf and in the case of a teacher of an affiliated or associated college, the Management in consultation with an expert nominated by the Vice-Chancellor in that behalf may make officiating appointment in a vacancy caused by the grant of leave to an incumbent for a period not exceeding ten months without reference to the Selection Committee, but shall not fill any other vacancy or post likely to last for more than six months without such reference.(b)[ Where before or after the commencement of this Act, 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 to 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 or the management, as the case may be, decides to terminate his services after giving an opportunity to show cause, it may appoint such teacher in a substantive capacity to that post without reference to a Selection Committee : [Substituted by Uttar Pradesh Act No. 5 of 1977.]Provided that this clause shall not apply unless the teacher concerned holds the prescribed qualifications 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 is a substantive capacity under this clause of a teacher who had served, before such appointment, continuously for a period of less than two years, shall be 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.] [Substituted by Uttar Pradesh Act No. 10 of 1982 (w.e.f. 8.7.1981).](c)[ Any teacher of the University who was appointed as Lecturer/part time Lecturer on or before December 31, 1997 without reference to the Selection Committee by way of a short term or part time arrangement in accordance with the provisions for the time being in force for such appointment, may be given substantive appointment by the Executive Council, if any substantive vacancy of the same cadre and grade in the same department is available if such teacher - [Substituted by Uttar Pradesh Act No. 23 of 2004 (w.e.f. 20.5.2004).](i)is serving as such on December 31, 1997 continuously since such initial appointment by way of short term/part time arrangement;(ii)[ possesses the qualifications required for regular appointment to the post under the provisions of the relevant Statutes in force on the date of substantive appointment;](iii)has been found suitable for regular appointment by the Executive Council.A teacher appointed by way of short term/part time arrangement as aforesaid who does not get substantive appointment under this clause shall cease to hold such post on such date as the Executive Council may specify.] [Inserted by Section 5 of Uttar Pradesh Act No. 20 of 1994 (w.e.f. 15.7.1994).](4)(a)the Selection Committee for the appointment of a teacher of the University (other than the Director of an Institute and the Principal of a constituent college), shall consist of -(i)the Vice-Chancellor who shall be the Chairman 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 substantive post and in that event his office shall be filled by the 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.] [Inserted by Uttar Pradesh Act No. 5 of 1977.](iii)in the case of a Professor or Reader, three experts, and in any other case, two experts be nominated by the Chancellor;(iv)in the case of appointment of teachers in a department of a constituent medical college upgraded under any scheme sanctioned by the Central Government, one nominee each of the Central Government and the State Government;(v)in the case of appointment of teachers of an Institute or constituent college, the Director of the Institute or the Principal of the constituent college, as the case may be.(b)The Selection Committee for the appointment of the Director of an Institute or the Principal of a constituent college shall consist of -(i)the Vice-Chancellor, who shall be the Chairman thereof;(ii)two experts to be nominated by the Chancellor.(c)The Selection Committee for the appointment of the Principal of an affiliated or an associated college (other than a college maintained exclusively by the State Government [* * *] [The words 'or by a local authority' omitted by Uttar Pradesh Act No. 12 of 1978.] shall consist of -(i)the Head of the Management, or a member of the Management nominated by him who shall be the Chairman;(ii)[ one of the Deans or Professors of those Faculties which comprise subjects taught in the college, to be nominated by the Vice-Chancellor;] [Inserted by Uttar Pradesh Act No. 12 of 1978.](iii)one member of the Management nominated by the Management; and(iv)two experts to be nominated by the Vice-Chancellor.Provided that in the case of appointment of the Principal of an affiliated college, the Dean of Faculty shall not sit in the Selection Committee, if he is himself a teacher of that college ;Provided further that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India, the experts shall be nominated by the Management from out of a panel of five experts by the Management suggested and approved by the Vice-Chancellor.[Provided also that in the case of colleges referred to in the preceding proviso, the Dean or Professor who shall be the member of the Selection Committee under sub-clause (ii) shall also be nominated by the Management from out of a panel of five Deans or Professors suggested by the Management and approved by the Vice-Chancellor, and if the requisite number of such Deans or Professors is not so available, the panel may include the names of Principals of affiliated or associated colleges.] [Inserted by Uttar Pradesh Act No. 5 of 1977.](d)The Selection Committee for the appointment of other teachers of an affiliated or associated college (other than a college maintained exclusively by the State Government [* * *] [The words 'or by a local authority' omitted by Uttar Pradesh Act No. 12 of 1978.] shall consist of -(i)The Head of the Management or a member of the Management nominated by him who shall be the Chairman.(ii)the Principal of the college and another teacher of the college nominated by the Principal;(iii)two experts to be nominated by the Vice-Chancellor ;[Provided that in the case of a college where there is no Principal or other teacher available for being a member of the Selection Committee under sub-clause (ii), the remaining members referred to in this clause shall constitute such Selection Committee :] [Inserted by Uttar Pradesh Act No. 29 of 1974 and shall be deemed always to have been inserted.]Provided further that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India, the experts shall be nominated by the Management from out of a panel of five experts suggested by the Management and approved by the Vice-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 Universities 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)The Board of each Faculty shall maintain a standing panel of sixteen or more experts in each subject of study, and every expert to be nominated by the Vice-Chancellor under sub-section (4) shall be a person whose name is borne on the panel.(c)A panel referred to in clause (a) or clause (b) 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 or for Part I or Part II thereof 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 subjects of study.(d)[ The Chancellor or the Vice-Chancellor, as the case may be, may intimate in a specified order, a larger 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.] [Inserted by Uttar Pradesh Act No. 29 of 1974.](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 had 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 in the case of a Professor or a Reader, the persons present to form the quorum must include at least two experts.] [Inserted by Uttar Pradesh Act No. 4 of 1995 (w.e.f. 17.12.1994).](7A)[ It shall be open to the Selection Committee to recommend one or more but not more than three names for each post.] [Inserted by Uttar Pradesh Act No. 29 of 1974, and shall be deemed always to have been inserted.](8)(a)In the case of appointment of a teacher of the University, 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.] [Inserted by Uttar Pradesh Act No. 5 of 1977.](aa)[ Where the failure of the Executive Council to take a decision within the period specified in the proviso to clause (a) is not attributable to any fault of the Executive Council, the Chancellor may require the Executive Council to take a decision within such time as the Chancellor may, from time to time, allow and may direct the Vice-Chancellor to call a meeting of the Executive Council for the purpose : [Inserted by. Uttar Pradesh Act No. 4of 1995 (w.e.f. 17.12.1994).]Provided that -(i)if the Executive Council does not agree with the recommendations made by the Selection Committee, the Executive Council shall refer the matter to the Chancellor alongwith the reasons of such disagreement and his decision shall be final;(ii)if the Executive Council does not take a decision within the time allowed by the Chancellor, the Chancellor shall decide the matter and his decision shall be final.](b)In the case of appointment of a teacher of an affiliated or associated college, if the Management does not agree with the recommendation made by the Selection Committee, the Management shall refer the matter to the Vice-Chancellor alongwith the reasons of such disagreement, and his decision shall be final :Provided that in the case of appointment of a teacher of an affiliated or associated college, established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India, if the Management does not agree with the recommendation made by a Selection Committee, the Management shall have the right to appoint another Selection Committee and the decision of that Committee shall be final.(9)The disqualification of members of Selection Committee for appointment of teachers of the University and the Principals and other teachers of such affiliated or associated colleges on the ground of interest for participating in the deliberations of such Committees and other matters relating to appointment of such Principals and teachers shall be prescribed by the Statutes.(10)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.(11)[ (a) No teacher recommended by the Selection Committee shall be appointed by the Management of an affiliated or associated college (other than a college maintained exclusively by the State Government) unless prior approval of the Vice-Chancellor has been obtained.(b)The Management shall, as soon as possible, after the meeting of the Selection Committee, submit the recommendations of the Committee, alongwith other relevant documents to the Vice-Chancellor for approval.(c)The Vice-Chancellor, if he is satisfied that the candidate recommended by the Selection Committee does not possess the minimum qualifications or experience prescribed, or that the procedure laid down in the Act for the selection of the teacher has not been followed, shall convey to the Management his disapproval :Provided that if the Vice-Chancellor does not convey his disapproval within a period of one month from the date of receipt of the documents referred to in clause (b), or does not send to the Management any intimation in connection therewith, he shall be deemed to have approved of the proposal.(12)Notwithstanding anything contained in this section, the Executive Council with the prior approval of the Chancellor, or the Management with the prior approval of the Vice-Chancellor, may appoint on deputation on the post of a teacher any Government servant who possesses the qualifications prescribed for the post.] [Substituted by Uttar Pradesh Act No. 5 of 1977.](13)[* * *] [Omitted by Uttar Pradesh Act No. 1O of 1983 (w.e.f. 18.7.1981).][31A. Personal promotion to Teachers of University. - (1) Notwithstanding anything to the contrary contained in any other provision of this Act, [a Lecturer in the University appointed under Section 31, or a Reader in the University appointed under Section 31 or promoted under this section] [Inserted by Uttar Pradesh Act No. 9 of 1985 (w.e.f. 10.10.1984).], who has put in such length of service and possesses such qualifications, as may be prescribed, may be given personal promotion, respectively to the post of Reader or Professor.(2)Such personal promotion shall be given on the recommendation of the Selection Committee, constituted under clause (a) of sub-section (4) of Section 31, in such manner and subject to such conditions as may be prescribed.(3)Nothing contained in this section shall affect the posts of the teachers of the University to be filled by direct appointment in accordance with the provisions of Section 31.][31AA. Promotion to the Post of Associate Professor and Professor - (1) Notwithstanding anything contained in any other provision of this Act, an Assistant Professor substantively appointed in the Faculty of Medicine of Dental Sciences of the University of Lucknow or an Associate Professor, substantively appointed, or promoted under this section, in the said Faculties of the said University, who has put in such length of service and possesses such qualifications as may be prescribed, may be given personnel promotion respectively to the post of Associate Professor or Professor.(2)The promotion under sub-section (1) shall be given on the recommendation of the Selection Committee, constituted under clause (a) of sub-section (4) of Section 31, in such manner and subject to such conditions as may be prescribed.Explanation. - With regard to the Faculty of Medicine or Dental Sciences of the University of Lucknow, the word "Reader" referred to in clause (a) of sub-section (4) of Section 31 shall be construed as "Associate Professor."] [Inserted by U.P Act No. 9 of 1998 (w.e.f. 19.9.1997).](3)[ Notwithstanding anything contained in sub-section (1) or sub-section (2) or in any other provisions of this Act, every person who was promoted to the post of Associate Professor or Professor in a Faculty referred to in sub-section (1) in accordance with the order No. 842/15-10-97-11(7)/96, dated April 11, 1997 issued by the State Government and is continuing in service as such on the date of the commencement of the Uttar Pradesh State Universities (Third Amendment) Act, 1999 shall be deemed to have been promoted to such post under sub-section (1) from the date of such promotion.] [Inserted by Section 2 of Uttar Pradesh Act No. 21 of 1999.][31B. Special provision with regard to appointment. - (1) Notwithstanding anything to the contrary contained in any other provision of this Act or in the Uttar Pradesh Higher Education Services Commission Act, 1980, appointment to the post of principal or teacher of the Motilal Nehru Regional Engineering College, Allahabad shall be made in accordance with the rules and bye-laws of the Motilal Nehru Regional Engineering College Society, Allahabad.(2)All appointments made before the commencement of the Uttar Pradesh State Universities (Amendment) Act, 1998 in accordance with the provisions of sub-section (1) shall be deemed to have been made under the said sub-section as if the provisions of the said sub-section were in force at all material times.] [Inserted by Uttar Pradesh Act No. 9 of 1998 (w.e.f. 12.2.1998).]
