Rajasthan High Court - Jodhpur
Deepti Chaturvedi vs State Of Rajasthan on 14 December, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
(1 of 3) [CW-15561/2021] HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Civil Writ Petition No. 15561/2021 Deepti Chaturvedi
----Petitioner Versus State Of Rajasthan
----Respondent For Petitioner(s) : Mr. Manoj Bhandari, Sr. Advocate assisted by Mr. Mohit Choudhary For Respondent(s) : Mr. Himanshu Shrimali JUSTICE DINESH MEHTA Order 14/12/2022
1. The petitioner who is working as a lecturer in Political Science has impugned the order dated 30.09.2021, whereby she has been transferred from Bangad College, Pali to Government College, Lohawat.
2. The main edifice for which the petitioner has challenged the impugned order of transfer is, that the University Grants Commission Regulations on Minimum Qualification for Appointment of Teachers and Other Academic Staff in Universities & Colleges & Other Measures for the Maintenance of Standards in Higher Education, 2010 dated 30.06.2010 (hereinafter referred to as 'the Regulations of 2010') postulates various conditions for grant of promotion, out of which one important condition is that a candidate has to secure particular Academic Performance Indicator (API) Score, criteria whereof has been given in Table - I of Appendix - III.
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3. It is the contention of the petitioner that a lecturer working only in UGC affiliated college can claim or be awarded API Score and in a college which does not run Post Graduation Course, a lecturer cannot secure API Score.
4. In order to buttress his argument, learned senior counsel navigated the Court through para No.5 & 9 of the writ petition so also Clause 6 of the Regulations of 2010.
5. Per contra, Mr. Shrimali, learned counsel for the respondent
- State submitted that the contention of the petitioner that a college which is not recognised by UGC cannot provide API Score lacks merit. He invited Court's attention towards reply in para No.5 & 6 and submitted that it is the specific stand of the State that the petitioner and all other similarly situated lecturers who are performing their duties in Government Colleges even without affiliation with the University Grants Commission will be awarded API Score and Performance Based Appraisal System (PBAS) as provided under the Regulations of 2010.
6. Learned counsel for the respondent - State read Clause 6.0.0 - Selection Procedure of the Regulations of 2010 and submitted that it is required of all the Government Colleges even if affiliated with University to provide API Score and Performance Based Appraisal System (PBAS) and thus, petitioner's stand is untenable.
7. Heard learned counsel for the parties.
8. The petitioner has averred that the college at Lohawat does not have affiliation with the UGC and therefore, the petitioner shall be deprived of her right to be considered for promotion, whereas the respondent - State has specifically denied such stand of the petitioner.
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9. Both the parties have made pleadings counter to each other but without any specific evidence.
10. The State has though submitted, but not placed any document showing that the lecturers posted in College at Lohawat (which is not affiliated to UGC) are being provided API Score. The State has also not placed any document showing that API Score and PBAS Score have been awarded to the lecturers working in the Colleges which are not affiliated to UGC.
11. In order to steer clear clouds of confusion, this Court deems it appropriate to know the stand of the UGC itself, so that promotion prospects of petitioner and other similarly situated lecturers are not marred.
12. At the oral request of Mr. Bhandari, learned senior counsel assisted by Mr. Mohit Choudhary, the UGC is impleaded as a party.
13. Issue notice to UGC. Mr. Vivek Shrimali, learned counsel who usually appears for UGC is directed to accept notice.
14. Mr. Vivek Shrimali may file his reply by the next date.
15. List this case on 11.01.2023.
16. Interim order shall continue till then.
(DINESH MEHTA),J 4-Arvind/-
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