Section 76 in The Maharashtra Universities Act, 1994
76. Selection and appointment of university teachers.
(1)Subject to the provisions of this Act, Statutes and Ordinances, the Vice-Chancellor shall, till the University Grants Commission's scheme of recruitment becomes operative, appoint according to the order of merit and recommendations made by the selection committee, a university teacher.(2)The selection committee for making recommendations for appointment of university teachers shall consist of the following members:-(a)the Vice-Chancellor, or the Pro-Vice-Chancellor upon directions of the Vice-Chancellor - Chairman;(b)one person, nominated by the Chancellor;(c)the Dean of the Faculty concerned,(d)the Head of the university department or head of the concerned [school of multidisciplinary Institution, nominated by the Vice-Chancellor]; [These words were substituted for the word 'institution' by Maharashtra 55 of 2000, section 44(a).](e)[not less than three experts] [These words were substituted for the words 'three experts', by Maharashtra 55 of 2000, section 44(b).] nominated by the Management Council out of a panel of not less than six names of experts not connected with the university, recommended by the Academic Council, who have special knowledge of the subject for which the teacher is to be selected;(f)one person belonging to Scheduled Castes or Scheduled Tribes [Denotified Tribes (Vimukta Jatis) and Nomadic Tribes] [These words were inserted by Maharashtra 55 of 2000, section 44(c).] or Other Backward Classes, nominated by the Chancellor;(g)[ Director, Higher Education or his nominee not below the rank of Joint Director: [These clauses were added by Maharashtra 55 of 2000, section 44(d).](h)Director, Technical Education or his nominee not below the rank of Joint Director.]Provided that, a head, referred to in clause (d), who is a reader shall be a member of the selection committee for the selection to the posts of lecturer.(3)The Registrar shall act as the Secretary of the Committee.(4)Every post of a university teacher, to be filled by selection, shall be duly and widely advertised, according to the draft approved by the Vice-Chancellor, together with particulars of the minimum and additional qualifications, as prescribed, the emoluments and number of posts to be filled, the number of posts which are reserved for the members of the Scheduled Castes or Scheduled Tribes or Other Backward Classes and reasonable time, to be determined by the Vice Chancellor, shall be allowed within which the applicants may, in response to the advertisement, submit their applications.(5)The date of the meeting of every selection committee shall be so fixed as to allow a notice of least thirty days of such meeting, being given to each member; and the particulars of each candidate shall be sent to each member of the selection committee so as to reach him at least seven days before the date of meeting.(6)The quorum to constitute a meeting of every selection committee shall be four members, of whom at least two shall be persons nominated under clause (e) of sub-section (2):Provided that, for the post of professor, the selection committee may in preference to the candidates who have applied and appeared before it recommend for appointment, with all the requisite details, the name of any other person who may not have applied or appeared before it, but who is duly qualified and has to his credit exceptionally high academic achievements or proficiency in the specialisation or has extraordinary academic contribution, to be recorded in writing.(7)If, on 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, including explanations from the teachers whose appointments are likely to be affected, as may be or may have been necessary, is satisfied that the appointment of a teacher of the university, made by any authority or officer of the university at any time was not in accordance with the law at that time in force, the Chancellor, may by 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.(8)Any order made by the Chancellor, under the last preceding sub-section, shall be final and a copy of the order shall be served on the teacher concerned by the Vice-Chancellor within three days from its receipt.(9)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 the amount so paid to the University.
