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34. Since the dispute, in the present writ proceedings, relates to the scoring system prescribed in Appendix-III of the 2010 UGC Regulations, which, in turn, is referrable only to Clause 6.0.0 thereof, it is necessary to refer to Clause 6 in its entirety. Clause 6.0.1 stipulates that the overall selection procedure shall incorporate a transparent, objective and credible methodology of analysis of the merits and credentials of the applicants based on weightages given to the performance of the candidate in different relevant dimensions and his/her performance on a scoring system proforma, based on the academic performance indicators (API) as provided in the 2010 UGC Regulations in Tables I to IX of Appendix III. In order to make the system more credible, universities are entitled to assess the ability for teaching and/or research aptitude, through a seminar or lecture in a class room situation or discussion on the capacity to use latest technology in teaching and research, at the interview stage. These procedures are permitted to be followed for both direct recruitment and CAS (Career Advancement Scheme) promotions, wherever selection committees are prescribed in the 2010 UGC Regulations. Clause 6.0.2 requires the Universities to adopt the 2010 UGC Regulations for selection committees, and selection procedures, through their respective statutory bodies incorporating the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS) at the institutional level for University Departments and their Constituent colleges/ affiliated colleges (Government/Government-aided/Autonomous/ Private Colleges) to be followed transparently in all the selection processes. An indicative PBAS template proforma, for direct recruitment and for Career Advancement Schemes (CAS), based on API based PBAS, was required to be sent separately by the UGC to the universities. The universities were permitted to adopt the template proforma or to devise their own self-assessment cum performance appraisal forms for teachers in strict adherence to the API criteria based PBAS prescribed in the 2010 UGC Regulations. Clause 6.0.4 stipulated that, in all the Selection Committees for direct recruitment of teachers and other academic staff in universities and colleges provided in the 2010 UGC Regulations, an academician representing the Scheduled Castes/Scheduled Tribes/ OBC/ Minority/ Women/Differently-abled categories, if any of candidates representing these categories is the applicant; and, if any of the members of the selection committee do not belong to that category, such a member shall be nominated by the Vice Chancellor or Acting Vice Chancellor of the University, and in case of a college, the Vice Chancellor or Acting Vice Chancellor of the University to which the college is affiliated to. The academician, so nominated for this purpose, shall be one level above the cadre level of the applicant, and such nominee shall ensure that the norms of the Central Government or the concerned State Government, in relation to the categories mentioned, are strictly followed during the selection process.

36. Clause 6.0.10 stipulates that, in the selection process for posts involving different nature of responsibilities in certain disciplines/areas, such as Music and Fine Arts, Visual arts and Performing arts, Physical education and Library, greater emphasis may be laid on the nature of deliverables indicated against each of the posts in the 2010 UGC Regulations which need to be taken up by the concerned institution while developing API based PBAS proforma for both direct recruitment and CAS promotions. Clause 6.0.11 provides that a Internal Quality Assurance Cell (IQAC) shall be established in all Universities/Colleges as per UGC/ National Assessment Accreditation Council (NAAC) guidelines with the Vice Chancellor, as the Chairperson (in the case of universities), and Principal, as Chairperson (in case of colleges). The IQAC shall act as the documentation and record-keeping Cell for the institution including assistance in the development of the API criteria based PBAS proforma using the indicative template laid down in these Regulations. The IQAC may also introduce, wherever feasible, the student feedback system as per the NAAC guidelines on institutional parameters without incorporating the component of students' assessment of individual teachers.

37. Clause 6.1.0 (a) stipulates that tables I to III of Appendix III are applicable to the selection of Professors/Associate Professors/Assistant Professors in universities and colleges; the ratio/percentage of minimum requirement of category-wise API score to each of the cadres shall vary from those for university teachers and for UG/PG College Teachers, as given in these tables of Appendix-III. Clause 6.2.0 stipulates that table II(c) of Appendix-III shall provide norms for direct recruitment of teachers to different cadres. Clause 6.3.0 stipulates that API based PBAS will be progressively and prospectively rolled out.

41. In order to make the system more credible, universities were permitted to assess the ability for teaching and/or research aptitude through a seminar or lecture in a class room situation or discussion on the capacity to use latest technology in teaching and research at the interview stage. These procedures were permitted to be followed for both direct recruitment and CAS promotions wherever selection committees were prescribed in these Regulations. Clause 6.0.2 of the 2010 Regulations was amended and was substituted. The substituted clause 6.0.2 stipulates that the Universities shall adopt the Regulations for selection committees and selection procedures through their respective statutory bodies incorporating the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS) at the institutional level for University Departments and their Constituent colleges/affiliated colleges (Government/ Government-aided/ Autonomous/ Private Colleges) to be followed transparently in all selection processes. An indicative PBAS template proforma for direct recruitment and for Career Advancement Schemes (CAS) based on API based PBAS was annexed thereto as Appendix-III. The universities were entitled to adopt the template proforma or to devise their own self-assessment cum performance appraisal forms for teachers. While adopting this, universities were required not to change any of the categories or scores of the API given in Appendix-III. The universities could, if they so wished, increase the minimum required score or devise appropriate additional criteria for screening of candidates at any level of recruitment.