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State of Rajasthan - Act

THE UNIVERSITY SERVICE REGULATION, 2001

RAJASTHAN
India

The National Law University, Jodhpur Act, 1999

THE UNIVERSITY SERVICE REGULATION, 2001

Regulation 1 of 2001

Published on 1 January 2001
Commenced on 1 January 2001
[This is the version of this document from 1 January 2001.]

A code of Regulations for regulating procedure of appointment, conditions of service, retirement, leave and other incidental matters relating to management of services at the University.

Chapter I
General Provisions

S/Reg/l Name of the Regulation: The name of the regulation is "The University Service Regulation (Regulation 1 of 2001).S/Reg/2 Application: The regulation shall apply to all employees of the University, wherever in employment.S/Reg/3 Definitions: Subject to the generality of the interpretation provided in the Act (Act 22 of 1999) and Statutes and the General Clauses Act, 1887, and unless otherwise meant as evident in the provision, the following terms shall mean and include:-

(a)'Act' means 'The National Law University, Jodhpur Act, 1999" that is, Act 22 of 1999 passed by the Legislature of Rajasthan and promulgated by the Government of Rajasthan.

(b)Chancellor' means Chancellor of the University under Section 8 of the Act.

(c)'Employee' person employed in any service of the University in the manner prescribed under this regulation by the competent authority.

(d)'Registrar' means Registrar of the University appointed under statute 20 of the statutes incorporated in the Act.

(e)'Regulation' shall mean 'the University Service Regulation, (Regulation 1 of 2001).

(f)'School' means a School established and run by the University.

(g)'Service' means any of the University services as defined in Section 4 of this Act.

(h)'The University" shall mean "the National Law University" established by the Act 22 of 1999, by the State of Rajasthan.

(i)'Vice Chancellor' means "the Vice Chancellor of the University appointed by the Chancellor under his authority as provided in the statute 19 of the Statutes incorporated in the Act 22 of 1999.

Chapter II
University Services and Procedures of appointment

S/Reg/4 University Services: The University shall have the following Faculty and managerial Services.(i)University Faculty Service:(ii)University Administrative Service(iii)University Managerial Service.Provided that the University Managerial Services shall be of two categories namely Office Management Service and Supportive Management Service.S/Reg/5 Nature of appointment: The appointment in the University shall be on the basis of contract for a tenure or on ad hoc terms and shall be based on such terms and conditions as may be provided in the Regulation or mutually agreed upon if not provided in the Regulation.S/Reg/6 Tenure appointment: Tenure appointment shall mean employees appointed in the scale of pay in a post already created by the competent authority of the University for a term of five years renewable at the interval of every five years based on the evaluation made by a Committee appointed by the Vice Chancellor, in the existing terms and conditions or as revised by the authority.Provided that in the case of first appointment the University may give appointment for a shorter period.S/Reg/7 Evaluation Committee: The Vice Chancellor shall appoint a Committee of three expert members under the Chairmanship of a Professor-Director of a School for evaluating the faculty members and under the chairmanship of the Registrar for evaluating the services of the members of the other staff appointed in the tenure position.S/Reg/8. System of evaluation: The evaluation shall be based upon the self-assessment, peer group assessment, students' assessment of the subjects taught, and administrative assessment. The Committee may design special proforma assessment as may be required by the Committee.Provided that the Faculty shall provide the regular proforma for such assessment from time to time.S/Reg/9 Adjudicating body: The evaluation result of an employee, if found below satisfactory, must be communicated to the employee concerned who may then make a representation to the University Adjudicating Body (UAB) appointed by the Vice Chancellor for such purpose. Such a report is to be submitted to the Vice Chancellor for placement in the Executive Council for final decision.S/Reg/10. Supportive Management Service (SMS):(i)The Executive Council shall from time to time create such number of posts in Supportive Management Service as may be necessary and recommended by the ViceChancellor including technical staff and non-technical staff for assisting theadministration and the faculty to manage academic programs, office administration,transportation, communication system, library maintenance, security system, laboratory, information system and environment.(ii). The appointment in Supportive Management Service shall be subject to such terms and conditions, either on contract or tenure basis as may be recommended by the the Selection Committeeand approved by the Vice Chancellor.(iii). As per Notification No.NLU/JODH/2014/1996-2001 dated April 24/25, 2014 the Vice Chancellor shall constitute a Committee not less than 3 members with the Registrar as the Chairman to select and recommend for any post in the SMS for the approval of the Vice Chancellor. The appointment is to be made only after the approval of the Vice Chancellor and to be placed before the Executive Council in its very next meeting.S/Reg/11 Office Management Service (OMS):(i)The Executive Council shall from time to time create such number of posts in Office Management Service as may be necessary and recommended by the Vice Chancellorincluding technical and non-technical for general management of the office and other facultative assignments.(ii). The appointment in the Office Management Service shall be subject such terms and conditions, either on contract or tenure basis as may be recommended by the Selection Committeeand approved by the Vice Chancellor.(iii). As per Notification No.NLU/JODH/2014/1996-2001 dated April 24/25, 2014 the Vice Chancellor may constitute a Committee under the Chairmanship of a Professor-Director and two other members of whom one shall be the Registrar and the other shall be an external expert. The Committee shall recommend a candidate for appointment to the Vice Chancellor for approval. On the approval, the recommendation shall be placed before the Executive Council for appointment.S/Reg/12 University Administrative Service (UAS):(i)The University Administrative Service shall include:

(1)Registrar

(2)Addition/Deputy/Assistant Registrar

(3)Finance Officer/Accounts Officer/Audit officer

(4)Any other post of an officer as may be created by the Executive Council and appointed.

(ii)The Executive Council shall from time to time create such number of posts in the University Administrative Service including technical and non-technical as may be

necessary and recommended by the Vice Chancellor for general and faculty administration.Provided that the Registrar, if required for immediate service, may appoint such staff on contract service with the prior approval of the Vice Chancellor on such terms and Made applicable in this University w.e.f. 17th January 2015 vide Notification No.NLU/JODH/2015/01747- 52, dated April 7, 2015 conditions as may be agreed upon.

(iii). The appointment in the University Administrative Service shall be subject such terms and conditions, either on contract or tenure basis as may be recommended by the Registrar or the Selection Committee, as the case may be, and approved by the Vice

Chancellor.

(iv). The Vice Chancellor may constitute a Selection Committee under his chairmanship and two other members of whom one shall be the Registrar and the other shall be an expert, external if necessary. The recommendation of the Committee shall be placed before the Executive Council for appointment. The Executive Council may refer the

matter back to the Selection Committee with its comment if any, for reconsideration. After reconsideration, if the Selection Committee selects the same person again, the Executive Council shall appoint the person in the post on such terms and conditions as are proposed by the Selection Committee.S/Reg/13 University Faculty Service (UFS):

(i)The University Faculty Service shall include:

(a)Professor-Director of Schools;

(b)Professor/ Associate/Assistant Professor/Lecturer

(c)Any other teaching and research assignments

(d)Librarian/Deputy/Assistant Librarian

(e)Any other assignment of officer of the Library

(f)Physical Director/Sports officer;

(g)Any other faculty or para- faculty or research position

(ii)The Executive Council shall from time to time create such number of posts in the University Faculty service as may be necessary and recommended by the Vice Chancellor for carrying on teaching, research and faculty administration.

Provided that the Vice Chancellor, if required for immediate service, may direct the Registrar to appoint such faculty on contract service on such terms and conditions as may be agreed upon.

(iii)The appointment in the University Faculty Service shall be subject to such terms and conditions, either on contract or tenure basis as may be mutually agreed upon or recommended by the Selection Committee, as the case may be, and approved by the Vice

Chancellor.

(iv)The Vice Chancellor may constitute a Committee under his Chairmanship and two other members of whom one shall be the Professor-Director of the School or in his

absence, a senior member of the faculty concerned and the other shall be an external expert. The Committee shall recommend a candidate for appointment with the terms and conditions that can be offered to the concerned candidate, to the Executive Council for appointment. The Executive Council may, if so resolved, refer the matter back to the selection committee with its comments, if any, for reconsidering the matter. If the same person is selected by the selection committee on reconsideration, the Executive Council shall appoint such person on such terms and conditions as are proposed by the selectioncommittee.

Chapter III
Conditionality of service

S/Reg/14 Grade of Pay:

(i). The Grade of Pay of Supportive Management Staff (SMS) in various cadres is specified in Annexure I and shall be revised from time to time keeping in mind the grades of pay of the Central Government employees in similar jobs.

(ii). The Grade of Pay of Office Management Staff (OMS) in various cadres is specified in Annexure II and shall be revised from time to time keeping in mind the grades of pay of the Central Government employees in similar jobs.

(iii). The Grade of Pay of the University Administrative Service (UAS) in various cadres is specified in Annexure III and shall be revised from time to time on the basis of the recommendations of the University Grants Commission or Ministry of Human Resource Development of the Government of India for Officers of the equivalent ranks in the Indian Institute of Technology, Indian Institute of Management, Indian Institute of Science and other such Institutions.

(iv). The Grade of Pay of the University Faculty Services (UFS) in various cadres is specified in Annexure IV and shall be revised from time to time on the basis of the recommendations of the University Grants Commission as approved by the Ministry of Human Resource Development, Government of India for similar positions in the Indian Institute of Technology, Indian Institute of Management, Indian Institute of Science and other such Institutions.

Provided that the Executive Council on the recommendations of the Vice Chancellor may agree to a fixed amount as remuneration for the appointments made on the contractual basis.S/Reg/15 Qualification:

(i)Qualifications for Technical and Non Technical Staff in SMS shall be prescribed by the Executive Council on the recommendation of the Vice Chancellor.

(ii)The Qualifications of the Office Management Service (OMS) shall be prescribed by the Executive Council on the recommendation of the Vice Chancellor provided that they shall be a graduate of a University and shall have the working knowledge in computer technology and office instruments and equipments.

(iii). Qualifications for the University Administrative Service shall be prescribed by the Executive Council based on the recommendations of the UGC and approved by the Ministry of Human Resources Development. The same may be provided in the Annexure V.

(iv)Qualifications for the Faculty Service is prescribed in the Annexure VI and is based upon the qualification and experience requirement of regular faculty and scientific public design staff as accepted by the Human Resources Development, Government of India for Faculty positions in IIT, IIM, I I Sc., and such other similar National Institutions.

S/Reg/16 Minimum Age of Appointment: No person below the age of 18 shall be ordinarily appointed in any post in the University.S/Reg/17: Age of Superannuating:

(i). Employees in SMS and OMS shall retire at the age of 60 years.

(ii). Officers of the University Administrative Service shall retire at the age of 60 years.

(iii). The members of the Faculty Service shall retire at the age of 65 years.

(iv). There shall be no age restriction for persons appointed in the Contract Service.

(v). The University shall serve a notice prior to six months to the employee concerned attaining the age of superannuation.

S/Reg/18. Procedure of Appointment:

(i)All appointments in tenure position shall be made through advertisement on the University website and small advertisement in newspapers either in the form of classified or a small normal advertisement referring to university website for details to ensure wide publicity.

Contractual Appointment of Non-teaching staff Inviting application:As and when requirements of non-teaching employee arise, applications will be invited for contractual appointments by the through publication on website or newspaper(s) for appointment of non-teaching staff purely on contract basis.Terms of Appointment:i. Initially appointment shall be made on fixed honorarium basis for one year. The appointment may be extended for the second year on the same terms and conditionsii. Appointment shall be made with following honorarium:a. Office Management Staff Rs. 5,000/- per monthb. Support Service Staff Rs. 3,850/- Per Monthiii. After completion of two years’ satisfactory service, the employee will be considered for the grant of benefit of pay scale as follows: a. Office Management Staff Pay Band-1(5200-20200 with grade pay of Rs. 1900/-)b. Support Service Staff IS (4440-7440 with grade pay of Rs. 1300/-) Other allowances, as per rules,will also be admissible.iv. Minimum age of appointment shall be 18 years.v. Maximum age of appointment shall be 30 years.vi. Age of superannuation shall be 60 years.vii. Minimum Qualifications:a. Office Management Staff:

(i)Graduation in any discipline from a recognized University

(ii)Working knowledge of computer

b. Support Service Staff: Secondary education (10th ) or equivalent from a recognized Board.Selection Process:

(i)The Vice-Chancellor will constitute a Selection Committee to consider the applications.

(ii)After initial scrutiny, the Committee may conduct written and/or skill test to short-list suitable candidates for personal interview.

(iii)The Vice-Chancellor will take final decision on the appointment based on the recommendation of the Selection Committee.

Appointment on Compassionate Ground

(i)If a non-teaching employee dies having after served the University for at least 5 (five) years, the request of a dependent family member of deceased employee

for employment may be considered on compassionate ground.

(ii)The application will be considered by a committee to be constituted by the Vice- Chancellor for this purpose.

(iii)The Committee will consider the application on the basis of the designation of deceased employee, qualifications of the applicant, and requirement of the

University. The Committee may interview the applicant to judge the suitability.

(iv)The recommendations of the Committee will include the suitability of the applicant, terms of service, emoluments etc.

(v)The Vice-Chancellor will take final decision on appointment based on the report of the Committee.

(vi)Notwithstanding anything mentioned in these or other rules, the University reserves the right to refuse employment to a dependent-member of a deceased

employee Additional conditions

(i)Applicant must be major dependent i.e child or spouse of deceased employee.

(ii)Application must submitted with-in 6 months from the date of death of an employee.

(iii)No other family member should be in employment of university or any government.

(iv)If application is considered favorably, appointment shall be either on same level or lower level.

(v)If application is considered favorably, applicant has to join immediately after issuance of appointment letter.

(vi)The Vice-Chancellor may relax any condition in deserving case.

S/Reg/19. Proof of Date of Birth: Every person appointed in the University shall produce S.S.L.C. Certificate or Matriculation Certificate containing therein the date of birth which shall be treated as conclusive proof of the age of the person.S/Reg/20. Probation:

(i)Every person appointed in a tenure position shall hold the appointment for probation for a period not less than one year, which shall not include any extra ordinary leave granted during the period. For testing the worth and ability, competence and moral stature for performance of the duties required by the University from such employee in order to ascertain the suitability of such employee for such assignment.

(ii). The Professor-Director of the School shall submit the confidential report on question of the suitability with his or her recommendation for the faculty positions and the Registrar shall submit the confidential report for all other employees to the Vice Chancellor. The Vice Chancellor may on the basis of these recommendations confirm the staff or extend the period of probation for another period up to one year.

S/Reg/21. Date of Increment:

(i)Unless by specific order of the Vice Chancellor prevented, the tenure staff shall receive the increment by way of rule on the completion of the period of service as indicated in the time scale.

(ii). The following periods shall be counted for earning to increments to the employees.

(a)All periods of duty in the time scale.

(b)All periods of leave including extra ordinary leave for prosecuting higher studies

(c)All periods spent on Foreign Service or for higher studies and research in foreign universities or institutes

(d)All periods of joining time on transfer.

S/Reg/22.Modes of Appointment of a Professor-Director and Executive Faculty of Centers:

(i). The senior most faculty member appointed on tenure or contract service in a School shall be appointed as Director of the School by an order of the Vice Chancellor

communicated to the incumbent by the Registrar.

(ii). The Vice Chancellor may appoint a Faculty Staff to function as Executive Faculty for undertaking the responsibility of managing the Centre of Excellence in studies and research established by the University with or without any endowment in any center of

study and research.

Chapter IV
Leave

The University employees who have been appointed either on probation or on tenure basis for a period not less than 5 years and who have served the University at least for a period of 12 calendar months shall be entitled for leave as given under Regulation 23.

(i)The leave is earned by duty only.

(ii)The leave cannot be claimed as a matter of right.

(iii)The power to grant all types of leave to a Faculty and University Administrative Staff shall vest with the Vice Chancellor and to the Registrar with regard to other staff.

(iv). For every employee a leave account shall be maintained by the University.

S/Reg/23. Kinds of Leave: The following are the kinds of leave, which could be admissible to all full term employees.

(a). Leave on Duty,

(b). Casual Leave

(c).Maternity/Paternity Leave5

(d)Earned Leave.

(e)Extra Ordinary Leave

(f)Study leave

(g)Sabbatical leave

(h)Medical Leave6

S/Reg/24. Leave on Duty: The Leave on Duty may be granted for the following reasons:

(i). Attending Conferences, Congresses, Symposia and Seminars on behalf of the University and with the Permission of the University.

(ii)Delivering Lectures in Institutions and Universities at the Invitation, Conducting courses for the UGC or for the University

(iii)Working in any other Indian or Foreign Universities or other agencies, institutions Or organizations on deputy or placement by the University.

(iv)Participating in a delegation or working on a committee appointed by the Government of India, State Government, UGC, a sister University or any other academic

body.

(v)For promoting any other duty of the University or conducting any course outside or delivering lectures as desired by the University and

(vi)For giving evidences in the Court of Law or working as Amicus Curie appointed by any Court.

Provided that the duration of the leave shall be such as to include the date and time of journey to and fro.Further provided that the duty leave may be combined with earned leave.S/Reg/25.Casual Leave:

(i). The employees appointed on contract basis or on fixed honorarium or on probation or on tenure basis shall be entitled for casual leave as follows.

(ii)Casual leave may be granted to an employee for 12 days in a calendar year but not more than 7 days at a time.

Provided that the casual leave has been granted only when it can be given without inconvenience to the University Services.Further provided that the casual shall not ordinarily be granted in continuation of any other leave.

(iii)There is no casual leave for temporary staff.

S/Reg/26. Maternity/Paternity Leave:

(i)A female employee, who has completed at least 12 months from the date of joining, may be granted maternity leave twice during the entire period of her

service for a period not exceeding 180 days from the date of its commencement during which period she shall be paid leave salary equal to the pay drawnimmediately before proceeding on leave.Provided that if there is no surviving child the maternity leave may be granted for a third time also.

(ii)Maternity leave may also be granted in case of miscarriage, including abortion, subject to the following conditions:

(a)The leave doesn’t exceed 6 weeks;

(b)The application for the leave is supported by medical certificate of an appropriate medical authority.

(iii)A male employee, who has completed at least 12 months from the date of joining, may be granted paternity leave twice during the entire period of her service for a period not exceeding 15 days from the date of its commencement during which period he shall be paid leave salary equal to the pay drawn immediately before

proceeding on leave.

(iv)Maternity/Paternity leave shall not be debited against any other leave.

S/Reg/27 –Ex-gratis Leave

(i)This leave shall be admissible to non-teaching employees of the university, who has completed at least 5 years from the date of joining. It shall be credited to

his/her account on the basis of two and half (2½) days for each calendar month of service spent on duty.

(ii)Maximum leave that can be sanctioned at a time ordinarily shall not exceed 60 days. However in exceptional circumstances the Vice Chancellor may sanction more than 60 days in case of higher studies, training or leave on medical ground.

(iii)Encashment of Ex-gratis leave shall not be granted.

S/Reg/28. Extra Ordinary Leave

(i)A tenure employee may be granted extra ordinary leave up to a maximum period of two years only when no other leave is admissible and the employee applies in writing for the grant of extra ordinary leave.

(ii). The Extra Ordinary Leave shall always be without pay and allowances and shall also not be counted for the purpose of increment excepting in the following cases:

(a). Leave taken on the basis of medical certificate.

(b). Cases where the Vice Chancellor is satisfied that the leave was taken due to the causes beyond the control of the employee such as inability to join or rejoin

the duty on account of natural calamity;

(c). Leave taken for pursuing higher studies and

(d)Leave granted to accept an invitation to a teaching post or fellowship or research-cum-teaching post in any foreign university.

(iii). Extra Ordinary leave can be combined with any other leave except casual leave provided that the total absence from the University doesn't exceed 3 years.

(iv). Extra Ordinary leave may be granted to an employee of the University up to the age of 55 years only.

(v). An employee who has availed study leave/ sabbatical leave once shall not be entitled for grant of extra ordinary leave for pursuing higher studies.

S/Reg/29. Study Leave:

(i). A Tenure staff after a minimum of 5 years of continuous service may be granted study leave to pursue a special line of study or research directly related to his or her work in the University in any approved foreign University of excellence in higher learning for a period of 2 years which may be extended by another year in exceptional circumstances.

(ii). During the period of study leave the University may pay the incumbent the full basic pay for a period of not more than 2 years on an undertaking by the employee concerned that he or she shall serve the University at least for a period of 5 years on return, failing which the concerned employee shall indemnify the University the total pay received during the study period from the University.

Provided that no employee shall be given study leave for more than once during the entire service period of the employee.Provided further that the study leave may be granted to an employee of the University up to the age of 55 years only.

(iii). The employee rejoining the services after the study leave period may be eligible to the benefits of notional annual increments and other financial benefits extended to employees of the University as if he has continued in the service of the University. The actual benefit of notional increments shall be given from the date of resuming duty after availing study leave.

(iv)An employee who has availed extra ordinary leave/ sabbatical leave for pursuing higher studies or for any other purposes mentioned under extra ordinary leave and

sabbatical leave shall not be entitled for grant of study leave.S/Reg/30. Sabbatical Leave

(i). Assistant Professor/Associate Professor and Professors of the University on tenure service on completion of 7 years of continuous service may be granted sabbatical leave to undertake study or research for a period not exceeding one year at a time and two years in the entire career of the concerned teacher to undertake study or research or other academic pursuit solely for the object of increasing their efficiency and their proficiency

and usefulness to the University.

(ii). The teacher on sabbatical leave shall not take up during the period any regular appointment under another organization either in India or abroad. He/she may be

allowed to accept any fellowship or ad-hoc teaching and research assignment with or without honorarium or with any other form of financial assistance.

(iii). During the period of sabbatical leave the concerned faculty member shall be paid full pay and allowances and also to draw the increments on due date.

(iv). An employee who has availed extra ordinary leave/study leave once shall not be entitled for grant of sabbatical leave for undertaking study or research.

(v). The Sabbatical leave may be granted to an employee up to the age of 55 years only.

S/Reg/30-A-Medical Leave

(ii)An employee, who has completed at least 12 months from the date of joining, may be granted medical leave, on full salary, for a period not exceeding 15 days in a calendar year, only in case of hospitalization.

Chapter V
Miscellaneous

S/Reg/31. Interpretation: In case, if any clarification is required on any of the provision of these regulations, the interpretation of the vice chancellor shall be final.S/Reg/32. Amendment: The Regulation can be amended by the Executive Council in the same manner as this regulation is formulated, passed and enforced.

Chapter VI
* Conduct, Discipline and other Misc. Regulation

S/Reg/33- Powers of discipline and control of all categories of employee of the University shall be vested in the Vice-chancellor.S/Reg/34 - If any information/declaration/document furnished by the employee of the University in connection with his/her appointment is found to be false or incorrect at any point of time, the appointment so secured shall be liable to be revoked.S/Reg/35- When an employee acts prejudicial to the interests of the University, commits a misconduct or is negligent in discharge of duties or work of the employee isfound to be unsatisfactory during subsistence of employment, then such an employee shall be issued a show-cause notice by the Registrar and if the reply to show-cause notice is not given or the same is not found convincing, the contractual service of such an employee shall be liable to be terminated after providing him an opportunity of being eard by a committee of not less than 3 members constituted by the Vice Chancellor.Provided that if the show-cause notice is dropped for want of evidence, the conduct of employee shall still be relevant for the purpose of evaluating the performancefor renewal/extension of contract.S/Reg/36- An employee whose contract has been terminated on account of disciplinary action shall not be entitled for future appointment on any post in theUniversity.S/Reg/37- The services of an employee may be discontinued after serving a 30 days’ notice or immediately after payment of 30 days salary before the expiry of contractual period on account of consistent ill-health of an employee or factors like lack of workload, work-requirement or any other financial or administrative reasons.S/Reg/38- The contract of employment may or may not be extended by University depending on the factors like lack of workload, work-requirement, non-requirement ofthe post or any other financial or administrative reasons.S/Reg/39- Performance of an employee shall be evaluated by the University before expiry/renewal of contract period and shall be marked as ‘excellent’, ‘very good’, ‘good’, ‘satisfactory’ and ‘below satisfactory’ in accordance with marks secured by them on a scale of 10 as under:-Excellent Very good Good Satisfactory Below satisfactory

9.

-10 8.9-8.0 7.9-6.5 6.4-5.5 5.4 and lessAn employee evaluated at 5.4 and less (below satisfactory) shall not be entitled for renewal/extension of contract.An employee evaluated at 5.5 to 6.4 (satisfactory) shall be entitled for renewal of contract with the advise of performing better in futureS/Reg/40- The services of an employee shall be liable to be terminated without any notice if such an employee is held guilty, by any competent court for any offenceinvolving moral turpitude.S/Reg/41- On proven charges of willful omission or negligence causing any damage or loss to, or destruction of, property belonging to University, the employee shall, even after end of contractual service, be liable to compensate the University to the extent of damage or loss so caused for which appropriate proceedings for civil and criminal action may be instituted in the competent court.S/Reg/42- Absence from duty after expiry of leave and absence without leave shall be considered to be misconduct and shall entail disciplinary action and may result intermination of contractual services.S/Reg/43- In the case of Faculty Members, provisions of ‘Code of Professional Ethics’, as approved by the Executive Council of the University in its XXV meetingconvened on January 17, 2015, shall apply mutatis-mutandis.[ In the case of Prashant Mehta v. National Law University, Jodhpur, 2019, it was held that NLU Jodhpur Regulations allowing contractual employment of teachers are struck down for being arbitrary and violative of Articles 14, 16 and 21. A Division Bench of P.K. Lohra and Arun Bhansali, JJ. struck down the impugned University Service Regulations, 2001 by declaring them ultra vires. The Court held that right to life with human dignity with minimum sustenance and shelter, including all those rights and aspects of life which would go to make a man’s life complete and worth living, would form part of life. Therefore, on joining government service, a person does not mortgage or barter away his basic rights as a human being, including his fundamental right in favour of the Government. The University being a statutory body was not expected to employ teachers and other officials on contract/ ad hoc basis for years together, more particularly when the duties and functions discharged by them were of perennial nature. It was held that it is necessary to do away with total contractual appointment amongst teachers. In view of the above, the Court held the impugned Service Regulations 5, 6 and amended Regulations 37 and 38 which allowed employment of teachers on a contractual basis, to be manifestly arbitrary and unreasonable. The Court further held that the impugned Service Regulations were in clear negation of Articles 14, 16 and 21 of the Indian Constitution. Service regulations 5, 6 and amended Regulations 37 and 38 were declared as ultra vires and the same were struck down. (https://indiankanoon.org/doc/180877490/,https://www.scconline.com/blog/post/2019/06/06/raj-hc-nlu-jodhpur-regulations-allowing-contractual-employment-of-teachers-struck-down-for-being-arbitrary-and-violative-of-articles-14-16-and-21/)]

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