(1)Appointments to the posts eligible to receive salary from the Government shall be made only against posts sanctioned by the Government or by such officers as may be authorised by the Government(1A)Appointments to the lowest grade of teacher in each department of a private college shall be made by the educational agency by direct recruitment on the basis of merit.(2)Appointments of principals shall be made by the educational agency by promotion from among the teachers of the college or of all the colleges, as the case may be, or by direct recruitment.(3)Where the appointment of principal is made by promotion, the educational agency shall make the appointment on the basis of seniority-cum fitness(4)Appointments to the posts, other than those referred to in 38A sub-section (1A) and (2), shall be made by the educational agency by promotion from among the teachers of the college or of all the colleges, as the case may be, on the basis of seniority-cum-fitness, or, if none among them is fit for promotion, by direct recruitment.(5)For making appointment under this section by direct recruitment the post shall be advertised in such manner as may be prescribed by the Statutes.(6)Notwithstanding anything contained in this Act, the Statutes, Ordinances and Regulations made thereunder,-(a)a person appointed as teacher in a private college in a temporary vacancy on or after the 14th day of March, 1974 and continuing as such, shall be appointed as teacher in any permanent vacancy or any temporary vacancy of longer duration that may arise, after such appointment in the temporary vacancy, in the private college or, as the case may be, any of the private colleges under the management of the educational agency with in the University area;(b)a teacher relieved from a private college on or after the 14th day of March, 1974 due to the abolition of a course of study in that private college or the cessation of the period for which he was appointed or for any other reason except disciplinary action against him, shall be given preference in the matter of future appointments in the private college or, as the case may be, any of the private colleges under the management of the educational agency within the University area;(c)any dispute arising or pending between the management of a private college and the teacher of that college, in respect of any matter coming under clause (a) or (b), shall be decided in accordance with the provisions of this Act and the Statutes made thereunder.Explanation. - Where the number of claimants under clause (a) or clause (b) is more than the number of vacancies, the order of preference for appointment shall be in accordance with the date of first appointment of the claimants under the educational agency within the University area".(7)The educational agency shall not abolish a course of study in a private college without the prior approval of the University.(8)Every appointment under this section shall be made by a written order of the manger in such form as may be prescribed by the Statutes communicated to the person to be appointed, with copy to the University.(9)Every appointment under this section shall be reported to the University for approval.(10)Any person aggrieved by any appointment under this section may appeal to the Appellate Tribunal.
