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5) subject to:
(a) Fulfillment of API scores based PBAS conditions setout in table IIA and table I of Appendix II of the UGC Regulations, 2010 as amended from time to time. Teacher may combine to assessment period in (states 2 & 3) to achieve minimum API scores, if required.
(b) A minimum of five publications since the period that the teacher is placed in stage 3 as mentioned in table III of Appendix III of the UGC Regulations on minimum Qualifications for Appointment of Teachers & Ors Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards, 2010 as amended from time to time (herein after will be referred as UGC Regulation, 2010).

The process of Promotion of Professor shall be initiated by inviting the bio-data with duly filled performance Based Appraisal System (PBAS) proforma based on the API criteria." (emphasis supplied) A bare look at the condition (b) indicates that the requirement to have minimum of five publications is since the period when the teacher is placed in Stage-3. The language of the Ordinance is very clear. It only requires five publications from the Stage when the teacher is placed in Stage-3 and does not indicate that the same has to be taken into consideration only from that point of time when the candidate is recruited in the University, inasmuch as, the recruitment of the petitioners, is in accordance with the University regulations and as per the University regulations, the appointment is made at the Stage from (8 of 10 ) [CW-13311/2016] where the candidate is already working before his appointment and as admittedly all the petitioners were working as college lecturers since long and were appointed as Associate Professors at Stage-4 itself, for the purpose of promotion to Stage-5, the requirements have to be taken into consideration from Stage-3 i.e. from the period even before the petitioners were granted appointment by the respondent-University and it cannot be accepted that the same would only be taken into consideration from the date they have been recruited by the respondent-University as their all previous achievements, publications and experience cannot be put to a naught by the respondents. Further, even for the purpose of coming to the alleged conclusion by the respondents regarding considering the publications only from the date of their appointment as Associate Professor ignoring the publication from Stage-3 has no support in either any provision or Ordinance.