Allahabad High Court
Dr.Rakesh Kumar Sharma vs Chancellor Chaudhary Charan Singh ... on 13 April, 2023
Author: Devendra Kumar Upadhyaya
Bench: Devendra Kumar Upadhyaya
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH A.F.R Court No. - 1 Case :- WRIT - A No. - 13842 of 2021 Petitioner :- Dr.Rakesh Kumar Sharma Respondent :- Chancellor Chaudhary Charan Singh University Meerut And Ors. Counsel for Petitioner :- Chandra Bhushan Pandey,Asim Kumar Singh Counsel for Respondent :- C.S.C.,Avneesh Tripathi,Subhash Bisaria Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Om Prakash Shukla,J.
(1) Heard Sri Chandra Bhushan Pandey and Ms. Akansha Rajput for the petitioner, Sri Himanshu Suryavanshi for the Chancellor, Chaudhary Charan Singh University, Meerut [here-in-after referred to as 'the University'], learned State Counsel representing the State authorities and Subhash Bisaria, learned Counsel representing the authorities of the University.
(2) Though service of this petition upon respondent No.6, as reported vide office note dated 01.10.2021 is sufficient, however neither the respondent No.6 nor anyone representing her is present.
(3) By instituting these proceedings under Article 226 of the Constitution of India, the petitioner assails the validity of an Order dated 03.03.2021 passed by the Hon'ble Chancellor of the University, whereby the Reference made under Section 68 of the U.P. State Universities Act, 1973 (here-in-after referred to as 'the Act, 1973') by the respondent No.6 challenging the appointment of the petitioner on the post of Associate Professor in Education in the University has been allowed and he has been held to be ineligible for appointment ot the post in question. The Hon'ble Chancellor has further directed the Executive Council of the University which is the Appointing Authority of the Teachers in the University to take further action. Pursuant to the said order of the Hon'ble Chancellor dated 03.03.2021, the Executive Council in its resolution passed on 15.03.2021 has terminated the services of the petitioner on the post of Associate Professor in the University. The petitioner has also challenged the order of relieving dated 16.0.2021 which has been passed pursuant to the resolution of the Executive Council of the University dated 15.03.2021.
(4) The sole issue for consideration before this Court in this case is, as to whether in terms of the Rules regulating the appointment on the post of Associate Professor in the University, the petitioner was possessed with the minimum eligibility or not.
(5) An Advertisement bearing No.2/20217 was issued by the University inviting applications for recruitment to various teaching posts in the University including the post of Associate Professor in Education, which was unreserved. Clause - 5 of the advertisement stipulated that the qualification for recruitment to the posts as advertised shall be as per the First Statutes of the University as amended by the Government Notification dated 12.12.2013 (This date is wrongly mentioned. As a matter of fact, the date of the Government Notification is 03.12.2013). Clause 5 further provides that details of qualification and other relevant provisions for recruitment are given at page - 2 to 4 of the advertisement and further that the University reserves the right to amend qualification as per the latest laws in force. Clause - 5 of the Advertisement is extracted here-in-below:-
"5. Qualifications are as per First Statutes of Chaudhary Charan Singh University, Meerut and as amended by U.P. Govt. Notification No.377/Sattar--2013-16(114)/2010 dated 12.12.2013. Details of qualifications and other relevant provisions for recruitment are given on page 2 to 4. University reserves the right to amend the qualifications as per latest laws enforced."
(6) Power to appointment Teachers in the Universities is vested in the Executive Council of the University as per the provisions contained in Section 21(vii) of the Act, 1973. In terms of Section 49 of the Act, 1973, the Statutes can be framed for providing the minimum qualification and experience for the appointment of Teachers of the University and also those of affiliated and associated Colleges. Section 50 of the Act, 1973 provides the procedure for framing the First Statutes of the University. As per the Scheme of the Act, 1973, the power to frame, amend, vary or rescind the First Statutes is primarily vested in the Executive Council of a University, however, Sub-Section (6) permits the State Government to make certain Statutes on certain subjects with the assent of Hon'ble the Chancellor. Sub-Section (6) of Section 50 of the Act, 1973 provides that the State Government may make new or additional Statutes or amend or repeal the Statutes in order to implement the decision taken by it in the interest of learning, teaching and research or for the benefit of the Teachers, students or other staff on the basis of any suggestion or recommendation of the University Grants Commission or the State or National Education Policy with regard to the qualification of Teachers etc. In such an eventuality, the State Government may require the Executive Council to make new or additional Statute or may amend or repeal the same within the specified period and if the Executive Council of the University fails to comply with such requirement of the State Government, the Government itself may, with the assent of the Hon'ble Chancellor, make new or additional Statute or repeal the same.
(7) In exercise of the powers conferred on the State Government under Section 50 (6) of the Act, 1973, the State Government issued a Notification with the assent of Hon'ble the Chancellor on 03.12.2013, whereby certain Statutes were framed and were ordered to be made part of the First Statutes of the Universities. Qualification for appointment of Teachers and other cadres in the Universities and Colleges is given in the said Statutes framed by the State Government vide Notification dated 03.12.2013 and the First Statute 11.01 (c) provides that so far as the appointment in Faculty of Education in the Universities is concerned, the norms/regulations formulated in consultation with National Council of Teacher Education (here-in-after referred to as 'NCTE') shall be applicable. Newly framed 11.01 (c) of the First Statutes inserted vide Government Notification dated 03.12.2013 is extracted here-in-below:-
"11.01 COVERAGE (new) For teachers in --
(a) ... ... ...
(b) ... ... ...
(c) the Faculty of Education, the norms/regulations formulated in consultations with National Council of Teacher Education;
(8) According to Statute 11.02.07 the Ph.D Degree is mandatory for appointment as Associate Professor. Statute 11.02.07 is also extracted here-in-below:-
"11.02.07 The Ph.D Degree shall be a mandatory qualification for --
(a) the appointment of Professor/Librarian and for promotion as a Professor/Librarian.
(b) the candidates to be appointed as Associate Professor/Deputy Librarian through direct recruitment."
(9) Statute 11.03.01 prescribes the general eligibility criteria for appointment as Associate Professor, according to which the candidate applying for appointment to the post of Associate Professor should be possessed of a Master's Degree with at least 55% marks alongwith minimum eight years experience of teaching and/or research. It further prescribes that research work should be evidenced by a published work and minimum of five publications as books and/or research/policy papers should be to the credit of a candidate desirous of being appointed as Associate Professor. It also provides that the candidate should also have minimum Academic Performance Indicator (API) and such a candidate should have contributed to educational innovation and designed new curricula and courses etc. Statute 11.03.01 of the First Statutes inserted by the Government Notification dated 03.12.2013 is also extracted here-in-below:-
"11.03.01 General Eligibility Criteria for an Associate Professor/Deputy Librarian
(a) Good academic record with a Ph.D Degree in the concerned/allied/relevant disciplines.
(b) A Master's Degree with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed).
(c) A minimum of eight years of experience of teaching and/or research in an academic/research position equivalent to that of Assistant Professor/Lecturer/Assistant Librarian in a University, College or Accredited Research Institution/industry excluding the period of Ph.D. research with evidence of published work and a minimum of 5 publications as books and/or research/policy papers.
(d) Contribution to educational innovation, design of new curricula and courses, and technology - mediated teaching learning process with evidence of having guided doctoral candidates and research students.
(e) A minimum score as stipulated in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS), set out in Tables I to VI of Appendix-H."
(10) Accordingly, in terms of the provisions contained in Clause - 5 of the Advertisement read with the relevant Statutes as introduced in the First Statutes of the University by means of the Government Notification dated 03.12.2013, a candidate desirous of being appointed as Associate Professor in the University in the Faculty of Education should be possessed of the norms, as per the Regulations formulated in consultation with the National Council of Teacher Education (NCTE).
(11) We will now examine as to what are the Regulations regarding eligibility for appointment as Associate Professor in the University framed by the NCTE. The NCTE by means of a Notification dated 31.08.2009 promulgated 'Teacher Education [Recognition Norms & Procedure] Regulations, 2009 [here-in-after referred to as 'NCTE Regulations, 2009'] Clause 4 (2) of an Appendix 5 appended to NCTE Regulations, 2009 prescribes the qualification for teaching posts including the post of Associate Professor, according to which a candidate desirous of being appointed as Associate Professor in the University should have a Master's Degree in the concerned subject and in the Faculty of Education, he should have Master's Degree in Education and B.Ed. to his credit with minimum 55% marks. He should also have a Ph.D. Degree in Education and in addition to the said educational qualification, the candidate should have at least eight years teaching experience in University department of Education or a College of Education with minimum three years at M.Ed. level and he should also have published works in his area of specialization. The qualification prescribed by the NCTE Regulation, 2009 for appointment to the post of Associate Professor is extracted here-in-below:-
"Reader/Associate Professor
(i) Master's Degree in Arts/ Humanities/ Sciences/ Commerce and M.Ed. each with a minimum of fifty five percent marks or its equivalent grade OR M.A. (Education) and B.Ed. each with a minimum of fifty five percent marks
(ii) Ph.D in Education and
(iii) At least eight years of teaching experience in University department of education or College of Education of which a minimum of three years at the M.Ed. level and published work in his area of specialization."
(12) Thus as per the NCTE Regulation, 2009, apart from the educational qualification, a candidate seeking his appointment to the post of Associate Professor in the Education should have eight years total teaching experience, out of which he should be possessed of three years teaching experience at the M.Ed. level. That would mean that a candidate having five years experience of teaching Education at undergraduate level and three years experience of teaching at post-graduate level will be qualified to be considered for appointment. Similarly, if a candidate has altogether eight years experience of teaching at M.Ed. level, he will also be qualified for being considered for appointment to the post of Associate Professor. However, in a situation, where a candidate though has eight years teaching experience but he lacks minimum three years of teaching experience at M.Ed. level, he shall not be eligible for appointment to the post of Associate Professor.
(13) The NCTE Regulation 2009 were however superseded by National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014 [here-in-after referred to as 'NCTE Regulations 2014'] which were promulgated by means of a Notification dated 28.11.2014. As per the qualification prescribed in NCTE Regulations, 2014 as promulgated on 28.11.2014 for the post of Associate Professor, a candidate should have a post-graduate degree with 55% marks; he should have a post-graduate degree in Education/M.A. Education with 55% marks. In case, the appointment is sought in Education Department, he should also have a Ph.D. Degree in Education. Alongwith such educational qualifications, the candidate seeking his appointment to the post of Associate Professor should also have any other qualification prescribed by UGC, like NET qualification or length of teaching experience as per UGC or State Government norms for the position of Associate Professor.
(14) Clause 6.2 B of NCTE Regulations, 2014, which prescribes minimum eligibility qualification for appointment to the post of Associate Professor, is extracted here-in-below:-
"6.2 Qualifications B. Professor and Associate Professor
(i) Postgraduate degree with minimum 55% marks in the discipline relevant to the area of specialisation.
(ii) Postgraduate degree in Education (M.Ed./M.A. Education) with minimum 55% marks.
(iii) Ph,D. degree in Education or in the discipline relevant to the area of specialisation.
(iv) Any other qualifications prescribed by UGC like NET qualification or length of professional teaching experience as per UGC or state government norms for the positions of Professor and Associate Professor."
(15) Thus, there is a clear departure in NCTE Regulations, 2014, so far as the eligibility criteria for appointment to the post of Associate Professor is concerned from the eligibility criteria as can be found in NCTE Regulations, 2009. NCTE Regulations, 2009 only prescribe that the candidates should have eight years teaching experience of which minimum of three years at M.Ed. level teaching experience is required, whereas NCTE Regulations, 2014 clearly stipulate that qualification prescribed by UGC or State Government should be requisite qualification for determining the eligibility criteria for appointment to the post of Associate Professor. As already observe above, in terms of Clause - 5 of the advertisement and also in terms of the Statutes inserted in the First Statutes of the Meerut University vide notification dated 03.12.2013, the eligibility qualification for appointment to the post of Associate Professor in the University in the Faculty of Education is in terms of the norms or Regulations framed by NCTE. The advertisement was issued in the year 2017 and accordingly, it is the NCTE Regulations, 2014 which was in vogue at that time and hence, so far as the determination of eligibility for appointment to the post of Associate Professor in the Faculty of Education in the University is concerned, a candidate's eligibility is to be determined on the basis of the prescriptions available in NCTE Regulations, 2014. The provisions contained in Clause 6.2 B (iv) of NCTE Regulations, 2014 thus assume significance, so far as question relating to determination of eligibility condition of the petitioner for appointment to the post of Associate Professor in the University in the Faculty of Education is concerned. The said provision has already been extracted above and what is most important to note is that the said provision as occurs in Clause 6.2 B (iv) of NCTE Regulations, 2014 uses the word 'or' between the words 'UGC' and 'State Government'.
(16) Thus, a bare reading and perusal of the prescription available in Clause 6.2 B (iv) of the NCTE Regulations, 2014 makes it abundantly clear that a person fulfilling qualification as prescribed either by UGC or by the State Government will be eligible for being considered to be appointed on the post of Associate Professor. In this case, thus, the question which now arises is as to whether the petitioner fulfills the norms as prescribed by the UGC or does he fulfill the norms prescribed by the State Government, so far as the determination of his eligibility for appointment to the post in question is concerned.
(17) We have already noticed that in terms of provisions of contained in Clause - 5 of the advertisement and the First Statutes notified by the State Government vide notification dated 03.12.2013, a candidate desirous of seeking appointment to the teaching post in Faculty of Education in the University should fulfill the criteria to be determined in consultation with the NCTE. We have also observed above that the advertisement was issued in the year 2017, as such so far as prescription regarding qualification for appointment to the post of Teacher as available in NCTE Regulations, 2009 are concerned, they are not applicable; rather, it is the prescription available in NCTE Regulations, 2014 which are applicable. The norms set out by the UGC are available in Regulations on minimum qualification for appointment of Teachers and other academic staff in the Universities and Colleges and measures for maintenance of standards in Higher Education 2010, which was published in the Official Gazette of India on 30.06.2010 [here-in-referred to as 'UGC Regulations, 2010']. As per clause 4.4.7 B (ii), a candidate seeking appointment to the post of Associate Professor should have a Master's Degree or Master's Degree in Education and B.Ed each with 55% marks and further, he should have Ph.D. qualification.
(18) In addition to the aforesaid educational qualifications, UGC Regulations, 2010 also require that the candidates should have at least eight years teaching experience in University department of Education or College of Education with a minimum experience of three years at M.Ed. level and further that the candidate should have published work to his credit in the relevant area of specialization. The provisions of Regulation 4.4.7 B (ii) of UGC Regulations, 2010 are reproduced here-in-below:-
"4.4.7. QUALIFICATIONS PRESCRIBED FOR FACULTY POSITIONS IN THE REGULATIONS OF NCTE B. QUALIFICATIONS FOR M.Ed. COURSE
(ii) ASSOCIATE PROFESSOR:
(i) A Master's Degree in Arts/ Humanities/ Sciences/ Commerce and M.Ed. each with a minimum of 55% marks (or an equivalent grade in a point scale wherever grading system is followed), OR M.A. (Education) and B.Ed. each with a minimum of 55% marks (or an equivalent grade in a point scale wherever grading system is followed);
(ii) Ph.D in Education and
(iii) At least eight years of teaching experience in University department of education or College of Education, with a minimum of three years at the M.Ed. level and has published work in the relevant area of specialization."
(19) From a comparative examination of the provisions contained in UGC Regulations 2010 and the First Statutes inserted by State Government's Notification dated 03.12.2013, what we notice is that so far as the appointment to the post of Associate Professor is concerned, the UGC Regulations, 2010 require that the candidates should have eight years teaching experience, out of which minimum three years teaching experience should be at M.Ed. level, whereas the First Statutes, as inserted by the Government Notification dated 03.12.2013, provide that the candidates should have minimum eight years teaching experience or Research (Statute 11.03.01 of the First Statutes of the University). Thus, the distinction between these provisions, the first prescribed by the UGC Regulations, 2010 and the other prescribed by Notification by the State Government's Notification dated 03.12.2013, is that the UGC Regulations prescribe three years minimum experience of teaching at M.Ed. level, whereas no such stipulation is available in the Statute 11.03.01 of the First Statutes introduced by the State Government's Notification dated 03.12.2013.
(20) We have already noticed that Regulation 6.2 B (iv) of NCTE Regulations, 2014 clearly provides that the candidates should either possess of the experience as prescribed by the UGC or by the State Government. That would simply mean that if a candidate possesses the requisite experience as per the prescription available in UGC Regulations 2010, he shall be eligible for being considered for appointment to the post of Associate Professor and a candidate who possesses requisite experience as prescribed by the State Government shall also be eligible. It is to be noticed at this juncture that the First Statutes which were inserted by way of amendment in the First Statutes of the University were made as per the notification dated 03.12.2013 issued by the State Government in exercise of the powers conferred upon the State Government under Section 50 (6) of the Act, 1973. Thus the First Statutes inserted by means of Government Notification dated 03.12.2013 are the norms prescribed by the State Government. Accordingly, if we plainly construe the provisions contained in Regulation 6.2 B (iv) of NCTE Regulations, 2014, what we find is that if a candidate desirous of seeking appointment to the post of Associate Professor in the Faculty of Education of the University fulfills the requisite experience as prescribed by the First Statute promulgated by the State Government vide Notification dated 03.12.2013, he shall also be eligible for being considered for appointment on the post of Associate Professor.
(21) So far as the present case is concerned, there is no dispute between the partis that the petitioner did fulfill the requisite experience of having worked as a Teacher for more than eight years, as per the Statute 11.03.01 of the Statutes inserted, by means of Government Notification dated 03.12.2013. Thus, admittedly, the petitioner fulfilled the norms laid down by the State Government which in our considered opinion, fulfills the requirement of Regulation 6.2 B (iv) of NCTE Regulations, 2014.
(22) We may reiterate that occurrence of the word 'or' between the words 'UGC' and the 'State Government' in clause 6.2 B of NCTE Regulations, 2014 makes it abundantly clear that a candidate fulfilling the requisite teaching experience, as per the prescription of the UGC as also as per the norms set-out by the State Government is to be held to be eligible for being considered for appointment on thepost of Associate Professor.
(23) We have already recorded a finding that Statute 11.03.01 which was inserted in the Statutes of the University is the norm prescribed by the State Government for the reason that the said Statute was inserted by means of State Government's Notification dated 03.12.2013 for which the State Government is statutorily empowered under Section 50(6) of the Act, 1973.
(24) In view of the aforesaid, we have no ambiguity in our mind that the petitioner did fulfill the requisite qualification for being appointed on the post of Associate Professor in the Faculty of Education in the University and he was thus rightly appointed on the post in question.
(25) Coming to the impugned order dated 03.03.2021 passed by the Hon'ble the Chancellor, we may observe that the only reason indicated by Hon'ble the Chancellor for holding that the petitioner did not fulfill the requisite qualification for being considered for appointment to the post of Associate Professor is that though he did have eight years teaching experience, however, he did not have three years experience of teaching at M.Ed. level. However, Statute 11.03.01 of the First Statutes inserted by means of State Government Notification dated 03.12.2013 appears to have lost sight of by Hon'ble the Chancellor while passing the order impugned before us, dated 03.03.2021.
(26) There is no dispute that the relevant First Statute as also the advertisement provided that minimum qualification shall be determined in terms of the Regulations framed in consultation with the NCTE. It is also not in dispute that the NCTE Regulations 2014 are applicable for the reason that the advertisement in this case was issued in the year 2017. The relevant Regulation of NCTE Regulation, 2014, namely, Regulation 6.2 B (iv) has already been discussed above, which uses the word 'or' and thus, any candidate fulfilling the requisite qualification prescribed either by the UGC or by the State Government, in our considered opinion, will have the minimum eligibility for being considered for appointment to the post of Associate Professor in the Faculty of Education in the University.
(27) For the reasons aforesaid, we are convinced that the order dated 03.03.2021 passed by the Hon'ble Chancellor is not sustainable.
(28) Accordingly, the writ petition is allowed. The order dated 03.03.2021 passed by the Hon'ble Chancellor, as is contained in Annexure No.1 to the Writ Petition, is hereby quashed.
(29) Consequential resolution of the Executive Council of the University dated 15.03.2021, so far as it relates to the petitioner, is also hereby quashed. We also quash the relieving order dated 16.03.2021 passed by the Registrar of the University as is contained in Annexure 3 to the Writ Petition.
(30) The Petitioner thus shall be permitted to join his duties as Associate Professor in the Faculty of Education in Chaudhary Charan Singh University, Meerut forthwith.
(31) There will, however, be no order as to costs.
Order Date :- 13.4.2023 akhilesh/