Indian Kanoon - Search engine for Indian Law

iv. There can be no movement of teacher under the CAS from the Post of Assistant Professor to the post of Associate Professor or from the post of Associate Professor to the post of Professor under the CAS without evaluation of a candidate's API Score by the screening-cum Evaluation Committee through Performance Based Appraisal System (PBAS) and without recommendation of the Selection Committee.

[12] The respondents have admitted that while granting the movement under CAS to the petitioners the following procedure was not followed in terms of the AICTE regulations 2010 and AICTE regulations, 2012. Therefore, the said movement under CAS to the post of Associate Professor cannot be held regular inasmuch as the Screening cum Evaluation Committee did not assess the performance of the petitioner under PBAS. But they have admitted that the case of the petitioners for the post of Associate Professor is under consideration of the Government. The petitioner has filed the rejoinder and questioned the contention raised by the respondents as regards the procedure. According to them, in terms of the notification dated 05.03.2010, the designation is to the post of Associate Professor is automatic. That apart, they have asserted that for performance based appraisal system, a proforma as evolved by the concerned University/College, duly supported by all credentials, as per the Academic Performance Indicator (API) Guidelines, see Appendix-A, is deducible under AICTE Regulations, 2012. But that was never adopted by the State of Tripura. That apart, no such proforma has been evolved either by RIPSAT or by the department of Health & Family Welfare, Government of Tripura. They have categorically stated in their rejoinder that the AICTE Regulation, 2010 was adopted by the Government, not the AICTE Regulation, 2012. API score under PBAS system is not mentioned in AICTE Regulation, 2010. Screening cum Evaluation Committee is indicated in AICTE Regulation, 2010 and the government which adopted the same has indicated in the notification dated 01.03.2013. It has been further asserted by the petitioners that AICTE Regulations, 2012 & API score for CAS is not yet considered by the appropriate authority of the government taking into account of the local conditions i.e. research activities and infrastructure to provide such facilities to the faculties, so that teachers are not to be deprived for achieving individual time bound benefit i.e. CAS due to the lack of facilities/infrastructure. In this regard, the basic aim of introduction/adoption of AICTE pay structure is not violated and hence, the corrigendum that has been issued is untenable and it is to be interfered with and consequential benefit as is entitled to the petitioner including their movement to the pay band with AGP for Associate Professor and Professor [with designation] shall be granted without further consideration.

2. CAREER ADVANCEMENT SCHEME 2.1 A teacher who wishes to be considered for promotion under CAS may submit in writing to the University/College, within three months in advance of the due date, that he/she fulfils all qualifications under CAS and submit to the University/College the Performance Based Appraisal System (PBAS) in a proforma as evolved by the concerned University/College duly supported by all credentials as per the Academic Performance Indicator (API) guidelines (Appendix 1) set out in these Regulations. 2.2 In order to avoid delays in holding Selection Committee meetings in various positions under CAS, the University/College should immediately initate the process of screening/selection, and shall complete the process within six months from the date of application. Further, in order to avoid any hardships, candidates who fulfill all other criteria mentioned in these Regulations, as on 05th March, 2010 and till the date on which these Regulations is notified, can be considered for promotion from the date, on or after 5th March, 2010, on which they fulfill the eligibility conditions. 2.3 Candidates who do not fulfill the minimum score requirement under the API Scoring System proposed in the Regulations as per Tables II (A and B) of Appendix 1 or those who obtain less than 50% in the expert assessment of the selection process will have to be re-assessed only after a minimum period of one year. The date of promotion shall be the date on which he/she is successfully re-assessed. 2.4 The Selection Committee specifications as delineated in Clause 4 are applicable to Career Advancement Promotion of Assistant Professor to Associate Professor and Associate Professor to Professor.

2.11 The incumbent teacher must be on the roll and active service of the Universities/Colleges on the date of consideration by the Selection Committee for Selection/CAS Promotion.

2.12 Candidates shall offer themselves for assessment for promotion, if they fulfill the minimum API scores indicated in the appropriate API system tables by submitting an application and the required PBAS proforma. They can do so three months before the due date of the promotion if they consider themselves eligible. In any event, the University/College concerned shall send a general circular twice a year calling for applications for CAS promotions from eligible candidates. 2.13 In the final assessment, if the candidates do not either fulfill the minimum API scores in the criteria as per PBAS proforma or obtain less than 50% in expert assessment, wherever applicable, such candidates will be reassessed only after a minimum period of one year.

3.2 In order to remedy the difficulties of collecting retrospective information and to facilitate the implementation of these Regulations from 5th March, 2010 in the CAS Promotion, the API based PBAS will be progressively and prospectively rolled out.

Accordingly, the PBAS based on the API scores of categories I and II as mentioned in the tables of Appendix I is to be implemented for one year, initially based on the existing systems in Universities/Colleges for one year only with the minimum annual scores as depicted in Table II (a) and II (b) for University and College teachers. This annualized API scores can then be compounded progressively as and when the teacher becomes eligible for CAS promotion to the next cadre. Thus, if a teacher is considered for CAS promotion in 2013, one year API scores for 2012-13 alone will be required for assessment. In case of a teacher being considered for CAS promotion in 2014, two years average of API scores for these categories will be required for assessment and so on leading progressively for the complete assessment period.