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https://www.mhc.tn.gov.in/judis W.P.Nos.14422 of 2021 etc., batch

(vi) The decision of interview of one promotion is a clear after thought and against the principle of fair and natural justices.

(vii) The petitioners had achieved over and above the API score and PABS and therefore, they are entitled for promotions which has been delayed by the University. The petitioners are not only losing their career advancement but also unable to achieve higher administrative positions in Universities. The legitimate expectation of the petitioners has not been fulfilled by the University inspite of specific mandates by the UGC.

(vii) As per Regulation 6.4.8. of the UGC Regulation on Minimum Qualifications for Appointment of Teachers and Other Academic staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018, for promotion to the post of Professor, a https://www.mhc.tn.gov.in/judis W.P.Nos.14422 of 2021 etc., batch person must serve as Associate Professor for 3 years in stage 4, possessing a Ph.D. Degree in the relevant discipline mandatory, subject to API score and assessment by the Selection Committee. While that being so, the respondent University cannot go against Clause 6.4.8 of the UGC Regulations by giving double promotion to the petitioners by dispensing with their teaching experience of 3 years as Associate Professors. The Standing Counsel for the respondents, in support of his contentions, has relied upon the Full Bench decision of this Court dated 04.02.2022 made in W.A.Nos.3748 of 2019 [The State of Tamil Nadu v. C.Srinivasan].

13. Further, as per UGC Regulations 6.3.2, candidates who do not fulfill the minimum score requirement under API scoring system proposed in the Regulation, as per Tables II (a and b) of Appendix III 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.

14. The Government of Tamil Nadu Higher Educational Department has issued G.O.(D)No.153, Higher Education (K1) Department dated 25.06.2021 appointing Two Member Committee to conduct an enquiry with regard to any irregularity while implementing the promotion under CAS in Salem Periyar University, Madurai Kamarajar University and Annamalai University. The said Committee conducted the enquiry and they are about to file a report to the Government. The said Committee after conducting a detailed enquiry on 03.12.2021 in the respondents University and other staff https://www.mhc.tn.gov.in/judis W.P.Nos.14422 of 2021 etc., batch members including the petitioners. As per 6.4.8. of the UGC Regulations, a Associate Professor completing 3 years of service in Stage 4 possessing as Ph.D. Degree in the relevant discipline shall be eligible to be appointed and designated as a Professor and be placed in the higher cadre (Stage 5) subject to satisfying the required credit points as per API based PBAS Methodology provided in Table I – III of Appendix IV. According to the respondents, the petitioners did not possess 3 years teaching experience as Associate Professor for getting promoted as Professor.