# Dr. Rakesh Kumar Sharma v. Chancellor, Chaudhary Charan Singh University & Ors

- **Citation:** (2023) 4 ILRA 1190
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-04-13
- **Case number:** Writ-A No. 13842 of 2021
- **Bench:** Devendra Kumar Upadhyaya, Om Prakash Shukla
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/dr-rakesh-kumar-sharma-v-chancellor-chaudhary-charan-singh-university-ors-49826
- **Pages:** 9

## Headnote

Civil Law - Service Law - Chaudhary
Charan
Singh
University,
Meerut
-
Qualification for the Post of Associate
Professor in Education - Statute 11.03.01
was inserted into the Statutes of the
University through a State Government
Notification
dated
03.12.2013,
in
accordance with S. 50(6) of the U.P. State
Universities Act, 1973 - The National
Council
for
Teacher
Education
(Recognition
Norms
and
Procedure)
Regulations,
2014,
promulgated
on
28.11.2014,
prescribes
the
minimum
eligibility qualifications for appointment to
the post of Associate Professor under
Clause 6.2 B. Clause 6.2 B (iv) of NCTE
Regulations, 2014 uses the word 'or'
between the words 'UGC' and 'State
Government' i.e. 'Any other qualifications
prescribed by UGC like NET qualification or
length of professional teaching experience
as per UGC or state government norms for
the positions of Professor and Associate
Professor' - While the UGC Regulations,
2010
require
candidates
to
have
a
minimum of eight years of teaching
experience, including at least three years
of experience at the M.Ed. level, the State
Government's
First
Statutes
(Statute
11.03.01) require a minimum of eight
years of teaching or research experience,
without any specific requirement of M.Ed.
level teaching experience. In the present
case, the petitioner fulfilled the requisite
qualifications as per the Statute 11.03.01
of the First Statutes of the University.
However, the Chancellor held that the
petitioner did not meet the qualifications
for appointment as he lacked the specific
three
years
of
M.Ed.
level
teaching
experience
required
under
UGC
Regulations. Held: The petitioner fulfilled
the qualifications as per the norms set by
the State Government and was eligible for
appointment as an Associate Professor in
the Faculty of Education of the University.
(Para 26)

Allowed. (E-5)

## Text

1190 INDIAN LAW REPORTS ALLAHABAD SERIES
06.04.2023 extracted hereinabove. The
State is not siding with anyone, but it is
only concerned to ensure the fairness,
sanctity and integrity of the examination
for which the tainted result of the
examination has been cancelled.
----------
(2023) 4 ILRA 1190
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 13.04.2023

BEFORE

THE HON'BLE DEVENDRA KUMAR
UPADHYAYA, J.
THE HON'BLE OM PRAKASH SHUKLA, J.

Writ-A No. 13842 of 2021

Dr. Rakesh Kumar Sharma ...Petitioner
Versus
Chancellor,
Chaudhary
Charan
Singh
University & Ors. ...Respondents

Counsel for the Petitioner:
Chandra Bhushan Pandey, Asim Kumar
Singh

Counsel for the Respondents:
C.S.C., Avneesh Tripathi, Subhash Bisaria

Civil Law - Service Law - Chaudhary
Charan
Singh
University,
Meerut
-
Qualification for the Post of Associate
Professor in Education - Statute 11.03.01
was inserted into the Statutes of the
University through a State Government
Notification
dated
03.12.2013,
in
accordance with S. 50(6) of the U.P. State
Universities Act, 1973 - The National
Council
for
Teacher
Education
(Recognition
Norms
and
Procedure)
Regulations,
2014,
promulgated
on
28.11.2014,
prescribes
the
minimum
eligibility qualifications for appointment to
the post of Associate Professor under
Clause 6.2 B. Clause 6.2 B (iv) of NCTE
Regulations, 2014 uses the word 'or'
between the words 'UGC' and 'State
Government' i.e. 'Any other qualifications
prescribed by UGC like NET qualification or
length of professional teaching experience
as per UGC or state government norms for
the positions of Professor and Associate
Professor' - While the UGC Regulations,
2010
require
candidates
to
have
a
minimum of eight years of teaching
experience, including at least three years
of experience at the M.Ed. level, the State
Government's
First
Statutes
(Statute
11.03.01) require a minimum of eight
years of teaching or research experience,
without any specific requirement of M.Ed.
level teaching experience. In the present
case, the petitioner fulfilled the requisite
qualifications as per the Statute 11.03.01
of the First Statutes of the University.
However, the Chancellor held that the
petitioner did not meet the qualifications
for appointment as he lacked the specific
three
years
of
M.Ed.
level
teaching
experience
required
under
UGC
Regulations. Held: The petitioner fulfilled
the qualifications as per the norms set by
the State Government and was eligible for
appointment as an Associate Professor in
the Faculty of Education of the University.
(Para 26)

Allowed. (E-5)

(Delivered by Hon'ble Devendra Kumar
Upadhyaya, J.
&
Hon'ble Om Prakash Shukla, J.)

1. Heard Sri Chandra Bhushan Pandey
and Ms. Akansha Rajput for the petitioner,
Sri
Himanshu
Suryavanshi
for
the
Chancellor,
Chaudhary
Charan
Singh
University, Meerut [here-in-after referred to
as 'the University'], learned State Counsel
representing
the
State
authorities
and
Subhash
Bisaria,
learned
Counsel
representing the authorities of the University.

2. Though service of this petition
upon respondent No.6, as reported vide
4 All. Dr. Rakesh Kumar Sharma Vs. Chancellor, Chaudhary Charan Singh University & Ors. 1191
office note dated 01.10.2021 is sufficient,
however neither the respondent No.6 nor
anyone representing her is present.

3. By instituting these proceedings
under Article 226 of the Constitution of
India, the petitioner assails the validity of
an Order dated 03.03.2021 passed by the
Hon'ble Chancellor of the University,
whereby the Reference made under Section
68 of the U.P. State Universities Act, 1973
(here-in-after referred to as 'the Act, 1973')
by the respondent No.6 challenging the
appointment of the petitioner on the post of
Associate Professor in Education in the
University has been allowed and he has
been held to be ineligible for appointment
ot the post in question. The Hon'ble
Chancellor
has
further
directed
the
Executive Council of the University which
is the Appointing Authority of the Teachers
in the University to take further action.
Pursuant to the said order of the Hon'ble
Chancellor dated 03.03.2021, the Executive
Council in its resolution passed on
15.03.2021 has terminated the services of
the petitioner on the post of Associate
Professor in the University. The petitioner
has also challenged the order of relieving
dated 16.0.2021 which has been passed
pursuant to the resolution of the Executive
Council
of
the
University
dated
15.03.2021.

4. The sole issue for consideration
before this Court in this case is, as to
whether in terms of the Rules regulating the
appointment on the post of Associate
Professor in the University, the petitioner
was possessed with the minimum eligibility
or not.

5.

An
Advertisement
bearing
No.2/20217 was issued by the University
inviting applications for recruitment to
various teaching posts in the University
including the post of Associate Professor in
Education, which was unreserved. Clause -
5 of the advertisement stipulated that the
qualification for recruitment to the posts as
advertised shall be as per the First Statutes
of the University as amended by the
Government Notification dated 12.12.2013
(This date is wrongly mentioned. As a
matter of fact, the date of the Government
Notification is 03.12.2013). Clause 5
further provides that details of qualification
and
other
relevant
provisions
for
recruitment are given at page - 2 to 4 of the
advertisement
and
further
that
the
University reserves the right to amend
qualification as per the latest laws in force.
Clause - 5 of the Advertisement is extracted
here-in-below:-

"5. Qualifications are as per
First Statutes of Chaudhary Charan
Singh University, Meerut and as amended
by U.P. Govt. Notification No.377/Sattar--
2013-16(114)/2010
dated
12.12.2013.
Details
of
qualifications
and
other
relevant provisions for recruitment are
given on page 2 to 4. University reserves
the right to amend the qualifications as
per latest laws enforced."

6. Power to appointment Teachers in
the Universities is vested in the Executive
Council of the University as per the
provisions contained in Section 21(vii) of
the Act, 1973. In terms of Section 49 of the
Act, 1973, the Statutes can be framed for
providing the minimum qualification and
experience for the appointment of Teachers
of the University and also those of
affiliated and associated Colleges. Section
50 of the Act, 1973 provides the procedure
for framing the First Statutes of the
University. As per the Scheme of the Act,
1973, the power to frame, amend, vary or
1192 INDIAN LAW REPORTS ALLAHABAD SERIES
rescind the First Statutes is primarily vested
in the Executive Council of a University,
however, Sub-Section (6) permits the State
Government to make certain Statutes on
certain subjects with the assent of Hon'ble
the Chancellor. Sub-Section (6) of Section
50 of the Act, 1973 provides that the State
Government may make new or additional
Statutes or amend or repeal the Statutes in
order to implement the decision taken by it
in the interest of learning, teaching and
research or for the benefit of the Teachers,
students or other staff on the basis of any
suggestion or recommendation of the
University Grants Commission or the State
or National Education Policy with regard to
the qualification of Teachers etc. In such an
eventuality, the State Government may
require the Executive Council to make new
or additional Statute or may amend or
repeal the same within the specified period
and if the Executive Council of the
University fails to comply with such
requirement of the State Government, the
Government itself may, with the assent of
the Hon'ble Chancellor, make new or
additional Statute or repeal the same.

7. In exercise of the powers conferred
on the State Government under Section 50
(6) of the Act, 1973, the State Government
issued a Notification with the assent of
Hon'ble the Chancellor on 03.12.2013,
whereby certain Statutes were framed and
were ordered to be made part of the First
Statutes of the Universities. Qualification
for appointment of Teachers and other
cadres in the Universities and Colleges is
given in the said Statutes framed by the
State Government vide Notification dated
03.12.2013 and the First Statute 11.01 (c)
provides that so far as the appointment in
Faculty of Education in the Universities is
concerned,
the
norms/regulations
formulated in consultation with National
Council of Teacher Education (here-inafter referred to as 'NCTE') shall be
applicable. Newly framed 11.01 (c) of the
First Statutes inserted vide Government
Notification dated 03.12.2013 is extracted
here-in-below:-

"11.01 COVERAGE (new)

For teachers in --

(a) ... ... ...

(b) ... ... ...

(c) the Faculty of Education, the
norms/regulations
formulated
in
consultations with National Council of
Teacher Education;

8. According to Statute 11.02.07 the
Ph.D Degree is mandatory for appointment
as Associate Professor. Statute 11.02.07 is
also extracted here-in-below:-

"11.02.07 The Ph.D Degree
shall be a mandatory qualification for --

(a)
the
appointment
of
Professor/Librarian and for promotion as
a Professor/Librarian.

(b)
the
candidates
to
be
appointed as Associate Professor/Deputy
Librarian through direct recruitment."

9. Statute 11.03.01 prescribes the
general eligibility criteria for appointment
as Associate Professor, according to which
the candidate applying for appointment to
the post of Associate Professor should be
possessed of a Master's Degree with at least
55% marks alongwith minimum eight years
experience of teaching and/or research. It
further prescribes that research work should
be evidenced by a published work and
minimum of five publications as books
and/or research/policy papers should be to
the credit of a candidate desirous of being
appointed as Associate Professor. It also
provides that the candidate should also
4 All. Dr. Rakesh Kumar Sharma Vs. Chancellor, Chaudhary Charan Singh University & Ors. 1193
have minimum Academic Performance
Indicator (API) and such a candidate
should have contributed to educational
innovation and designed new curricula and
courses etc. Statute 11.03.01 of the First
Statutes inserted by the Government
Notification dated 03.12.2013 is also
extracted here-in-below:-

"11.03.01
General
Eligibility
Criteria for an Associate Professor/Deputy
Librarian

(a) Good academic record with a
Ph.D
Degree
in
the
concerned/allied/relevant disciplines.

(b) A Master's Degree with at
least 55% marks (or an equivalent grade
in a point scale wherever grading system
is followed).

(c) A minimum of eight years of
experience of teaching and/or research in
an academic/research position equivalent
to
that
of
Assistant
Professor/Lecturer/Assistant Librarian in
a
University,
College
or
Accredited
Research Institution/industry excluding
the period of Ph.D. research with evidence
of published work and a minimum of 5
publications
as
books
and/or
research/policy papers.

(d) Contribution to educational
innovation, design of new curricula and
courses, and technology
- mediated
teaching learning process with evidence of
having guided doctoral candidates and
research students.

(e)
A
minimum
score
as
stipulated in the Academic Performance
Indicator (API) based Performance Based
Appraisal System (PBAS), set out in
Tables I to VI of Appendix-H."

10. Accordingly, in terms of the
provisions contained in Clause - 5 of the
Advertisement read with the relevant
Statutes as introduced in the First Statutes
of the University by means of the
Government Notification dated 03.12.2013,
a candidate desirous of being appointed as
Associate Professor in the University in the
Faculty of Education should be possessed
of the norms, as per the Regulations
formulated
in
consultation
with
the
National Council of Teacher Education
(NCTE).

11. We will now examine as to what
are the Regulations regarding eligibility for
appointment as Associate Professor in the
University framed by the NCTE. The
NCTE by means of a Notification dated
31.08.2009
promulgated
'Teacher
Education
[Recognition
Norms
&
Procedure] Regulations, 2009 [here-in-after
referred to as 'NCTE Regulations, 2009']
Clause 4 (2) of an Appendix 5 appended to
NCTE Regulations, 2009 prescribes the
qualification for teaching posts including
the post of Associate Professor, according
to which a candidate desirous of being
appointed as Associate Professor in the
University should have a Master's Degree
in the concerned subject and in the Faculty
of Education, he should have Master's
Degree in Education and B.Ed. to his credit
with minimum 55% marks. He should also
have a Ph.D. Degree in Education and in
addition
to
the
said
educational
qualification, the candidate should have at
least eight years teaching experience in
University department of Education or a
College of Education with minimum three
years at M.Ed. level and he should also
have published works in his area of
specialization. The qualification prescribed
by the NCTE Regulation, 2009 for
appointment to the post of Associate
Professor is extracted here-in-below:-

"Reader/Associate Professor
1194 INDIAN LAW REPORTS ALLAHABAD SERIES

(i) Master's Degree in Arts/
Humanities/
Sciences/
Commerce
and
M.Ed. each with a minimum of fifty five
percent marks or its equivalent grade
OR

M.A. (Education) and B.Ed. each
with a minimum of fifty five percent marks

(ii) Ph.D in Education and

(iii) At least eight years of
teaching
experience
in
University
department of education or College of
Education of which a minimum of three
years at the M.Ed. level and published
work in his area of specialization."

12. Thus as per the NCTE Regulation,
2009,
apart
from
the
educational
qualification, a candidate seeking his
appointment to the post of Associate
Professor in the Education should have
eight years total teaching experience, out of
which he should be possessed of three
years teaching experience at the M.Ed.
level. That would mean that a candidate
having five years experience of teaching
Education at undergraduate level and three
years experience of teaching at postgraduate level will be qualified to be
considered for appointment. Similarly, if a
candidate
has
altogether
eight
years
experience of teaching at M.Ed. level, he
will also be qualified for being considered
for appointment to the post of Associate
Professor. However, in a situation, where a
candidate though has eight years teaching
experience but he lacks minimum three
years of teaching experience at M.Ed. level,
he shall not be eligible for appointment to
the post of Associate Professor.

13. The NCTE Regulation 2009 were
however superseded by National Council
for Teacher Education (Recognition Norms
and Procedure) Regulations, 2014 [here-inafter referred to as 'NCTE Regulations
2014'] which were promulgated by means
of a Notification dated 28.11.2014. As per
the qualification prescribed in NCTE
Regulations, 2014 as promulgated on
28.11.2014 for the post of Associate
Professor, a candidate should have a postgraduate degree with 55% marks; he should
have
a
post-graduate
degree
in
Education/M.A.
Education
with
55%
marks. In case, the appointment is sought in
Education Department, he should also have
a Ph.D. Degree in Education. Alongwith
such
educational
qualifications,
the
candidate seeking his appointment to the
post of Associate Professor should also
have any other qualification prescribed by
UGC, like NET qualification or length of
teaching experience as per UGC or State
Government norms for the position of
Associate Professor.

14.
Clause
6.2
B of
NCTE
Regulations,
2014,
which
prescribes
minimum
eligibility
qualification
for
appointment to the post of Associate
Professor, is extracted here-in-below:-

"6.2 Qualifications

B.
Professor
and
Associate
Professor

(i) Postgraduate degree with
minimum 55% marks in the discipline
relevant to the area of specialisation.

(ii)
Postgraduate
degree
in
Education (M.Ed./M.A. Education) with
minimum 55% marks.

(iii) Ph,D. degree in Education or
in the discipline relevant to the area of
specialisation.

(iv) Any other qualifications
prescribed by UGC like NET qualification
or
length
of
professional
teaching
experience
as
per
UGC
or
state
government norms for the positions of
Professor and Associate Professor."
4 All. Dr. Rakesh Kumar Sharma Vs. Chancellor, Chaudhary Charan Singh University & Ors. 1195

15. Thus, there is a clear departure in
NCTE Regulations, 2014, so far as the
eligibility criteria for appointment to the
post of Associate Professor is concerned
from the eligibility criteria as can be found
in
NCTE
Regulations,
2009.
NCTE
Regulations, 2009 only prescribe that the
candidates should have eight years teaching
experience of which minimum of three
years at M.Ed. level teaching experience is
required, whereas NCTE Regulations, 2014
clearly
stipulate
that
qualification
prescribed by UGC or State Government
should
be
requisite
qualification
for
determining the eligibility criteria for
appointment to the post of Associate
Professor. As already observe above, in
terms of Clause - 5 of the advertisement
and also in terms of the Statutes inserted in
the First Statutes of the Meerut University
vide notification dated 03.12.2013, the
eligibility qualification for appointment to
the post of Associate Professor in the
University in the Faculty of Education is in
terms of the norms or Regulations framed
by NCTE. The advertisement was issued in
the year 2017 and accordingly, it is the
NCTE Regulations, 2014 which was in
vogue at that time and hence, so far as the
determination of eligibility for appointment
to the post of Associate Professor in the
Faculty of Education in the University is
concerned, a candidate's eligibility is to be
determined on the basis of the prescriptions
available in NCTE Regulations, 2014. The
provisions contained in Clause 6.2 B (iv) of
NCTE Regulations, 2014 thus assume
significance, so far as question relating to
determination of eligibility condition of the
petitioner for appointment to the post of
Associate Professor in the University in the
Faculty of Education is concerned. The said
provision has already been extracted above
and what is most important to note is that
the said provision as occurs in Clause 6.2 B
(iv) of NCTE Regulations, 2014 uses the
word 'or' between the words 'UGC' and
'State Government'.

16. Thus, a bare reading and perusal
of the prescription available in Clause 6.2
B (iv) of the NCTE Regulations, 2014
makes it abundantly clear that a person
fulfilling qualification as prescribed either
by UGC or by the State Government will
be eligible for being considered to be
appointed on the post of Associate
Professor. In this case, thus, the question
which now arises is as to whether the
petitioner fulfills the norms as prescribed
by the UGC or does he fulfill the norms
prescribed by the State Government, so far
as the determination of his eligibility for
appointment to the post in question is
concerned.

17. We have already noticed that in
terms of provisions of contained in Clause -
5 of the advertisement and the First Statutes
notified by the State Government vide
notification dated 03.12.2013, a candidate
desirous of seeking appointment to the
teaching post in Faculty of Education in the
University should fulfill the criteria to be
determined in consultation with the NCTE.
We have also observed above that the
advertisement was issued in the year 2017,
as such so far as prescription regarding
qualification for appointment to the post of
Teacher as available in NCTE Regulations,
2009
are
concerned,
they
are
not
applicable; rather, it is the prescription
available in NCTE Regulations, 2014
which are applicable. The norms set out by
the UGC are available in Regulations on
minimum qualification for appointment of
Teachers and other academic staff in the
Universities and Colleges and measures for
maintenance
of
standards
in
Higher
Education 2010, which was published in
1196 INDIAN LAW REPORTS ALLAHABAD SERIES
the Official Gazette of India on 30.06.2010
[here-in-referred to as 'UGC Regulations,
2010']. As per clause 4.4.7 B (ii), a
candidate seeking appointment to the post
of Associate Professor should have a
Master's Degree or Master's Degree in
Education and B.Ed each with 55% marks
and
further,
he
should
have
Ph.D.
qualification.

18. In addition to the aforesaid
educational
qualifications,
UGC
Regulations, 2010 also require that the
candidates should have at least eight years
teaching
experience
in
University
department of Education or College of
Education with a minimum experience of
three years at M.Ed. level and further that
the candidate should have published work
to his credit in the relevant area of
specialization.
The
provisions
of
Regulation
4.4.7
B
(ii)
of
UGC
Regulations, 2010 are reproduced here-inbelow:-

"4.4.7.
QUALIFICATIONS
PRESCRIBED
FOR
FACULTY
POSITIONS IN THE REGULATIONS
OF NCTE

B. QUALIFICATIONS FOR
M.Ed. COURSE

(ii)
ASSOCIATE
PROFESSOR:

(i) A Master's Degree in Arts/
Humanities/
Sciences/
Commerce
and
M.Ed. each with a minimum of 55% marks
(or an equivalent grade in a point scale
wherever grading system is followed), OR

M.A. (Education) and B.Ed. each
with a minimum of 55% marks (or an
equivalent grade in a point scale wherever
grading system is followed);

(ii) Ph.D in Education and

(iii) At least eight years of
teaching
experience
in
University
department of education or College of
Education, with a minimum of three years
at the M.Ed. level and has published work
in the relevant area of specialization."

19. From a comparative examination
of the provisions contained in UGC
Regulations 2010 and the First Statutes
inserted by State Government's Notification
dated 03.12.2013, what we notice is that so
far as the appointment to the post of
Associate Professor is concerned, the UGC
Regulations,
2010
require
that
the
candidates should have eight years teaching
experience, out of which minimum three
years teaching experience should be at
M.Ed. level, whereas the First Statutes, as
inserted by the Government Notification
dated
03.12.2013,
provide
that
the
candidates should have minimum eight
years teaching experience or Research
(Statute 11.03.01 of the First Statutes of the
University). Thus, the distinction between
these provisions, the first prescribed by the
UGC Regulations, 2010 and the other
prescribed by Notification by the State
Government's
Notification
dated
03.12.2013, is that the UGC Regulations
prescribe three years minimum experience
of teaching at M.Ed. level, whereas no such
stipulation is available in the Statute
11.03.01 of the First Statutes introduced by
the State Government's Notification dated
03.12.2013.

20. We have already noticed that
Regulation
6.2
B
(iv)
of
NCTE
Regulations, 2014 clearly provides that the
candidates should either possess of the
experience as prescribed by the UGC or by
the State Government. That would simply
mean that if a candidate possesses the
requisite experience as per the prescription
available in UGC Regulations 2010, he
shall be eligible for being considered for
4 All. Dr. Rakesh Kumar Sharma Vs. Chancellor, Chaudhary Charan Singh University & Ors. 1197
appointment to the post of Associate
Professor and a candidate who possesses
requisite experience as prescribed by the
State Government shall also be eligible. It
is to be noticed at this juncture that the First
Statutes which were inserted by way of
amendment in the First Statutes of the
University
were
made
as
per
the
notification dated 03.12.2013 issued by the
State Government in exercise of the powers
conferred upon the State Government under
Section 50 (6) of the Act, 1973. Thus the
First Statutes inserted by means of
Government Notification dated 03.12.2013
are the norms prescribed by the State
Government. Accordingly, if we plainly
construe the provisions contained in
Regulation
6.2
B
(iv)
of
NCTE
Regulations, 2014, what we find is that if a
candidate desirous of seeking appointment
to the post of Associate Professor in the
Faculty of Education of the University
fulfills
the
requisite
experience
as
prescribed by the First Statute promulgated
by the State Government vide Notification
dated 03.12.2013, he shall also be eligible
for being considered for appointment on
the post of Associate Professor.

21. So far as the present case is
concerned, there is no dispute between the
partis that the petitioner did fulfill the
requisite experience of having worked as a
Teacher for more than eight years, as per
the Statute 11.03.01 of the Statutes
inserted,
by
means
of
Government
Notification
dated
03.12.2013.
Thus,
admittedly, the petitioner fulfilled the
norms laid down by the State Government
which in our considered opinion, fulfills the
requirement of Regulation 6.2 B (iv) of
NCTE Regulations, 2014.

22. We may reiterate that occurrence
of the word 'or' between the words 'UGC'
and the 'State Government' in clause 6.2 B
of NCTE Regulations, 2014 makes it
abundantly clear that a candidate fulfilling
the requisite teaching experience, as per the
prescription of the UGC as also as per the
norms set-out by the State Government is
to be held to be eligible for being
considered for appointment on thepost of
Associate Professor.

23. We have already recorded a
finding that Statute 11.03.01 which was
inserted in the Statutes of the University is
the
norm
prescribed
by
the
State
Government for the reason that the said
Statute was inserted by means of State
Government's
Notification
dated
03.12.2013 for which the State Government
is statutorily empowered under Section
50(6) of the Act, 1973.

24. In view of the aforesaid, we have
no ambiguity in our mind that the petitioner
did fulfill the requisite qualification for
being appointed on the post of Associate
Professor in the Faculty of Education in the
University and he was thus rightly
appointed on the post in question.

25. Coming to the impugned order
dated 03.03.2021 passed by the Hon'ble the
Chancellor, we may observe that the only
reason indicated by Hon'ble the Chancellor
for holding that the petitioner did not fulfill
the
requisite
qualification
for
being
considered for appointment to the post of
Associate Professor is that though he did
have eight years teaching experience,
however, he did not have three years
experience of teaching at M.Ed. level.
However, Statute 11.03.01 of the First
Statutes inserted by means of State
Government Notification dated 03.12.2013
appears to have lost sight of by Hon'ble the
1198 INDIAN LAW REPORTS ALLAHABAD SERIES
Chancellor
while
passing
the
order
impugned before us, dated 03.03.2021.

26. There is no dispute that the relevant
First Statute as also the advertisement
provided that minimum qualification shall be
determined in terms of the Regulations
framed in consultation with the NCTE. It is
also not in dispute that the NCTE Regulations
2014 are applicable for the reason that the
advertisement in this case was issued in the
year 2017. The relevant Regulation of NCTE
Regulation, 2014, namely, Regulation 6.2 B
(iv) has already been discussed above, which
uses the word 'or' and thus, any candidate
fulfilling the requisite qualification prescribed
either by the UGC or by the State
Government, in our considered opinion, will
have the minimum eligibility for being
considered for appointment to the post of
Associate Professor in the Faculty of
Education in the University.

27. For the reasons aforesaid, we are
convinced that the order dated 03.03.2021
passed by the Hon'ble Chancellor is not
sustainable.

28. Accordingly, the writ petition is
allowed. The order dated 03.03.2021 passed
by the Hon'ble Chancellor, as is contained in
Annexure No.1 to the Writ Petition, is hereby
quashed.

29. Consequential resolution of the
Executive Council of the University dated
15.03.2021, so far as it relates to the
petitioner, is also hereby quashed. We also
quash the relieving order dated 16.03.2021
passed by the Registrar of the University as is
contained in Annexure 3 to the Writ Petition.

30. The Petitioner thus shall be
permitted to join his duties as Associate
Professor in the Faculty of Education in
Chaudhary
Charan
Singh
University,
Meerut forthwith.

31. There will, however, be no order
as to costs.
----------
(2023) 4 ILRA 1198
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 07.04.2023

BEFORE

THE HON'BLE ALOK MATHUR, J.

Writ-A No. 14890 of 2021

Ramakant Mihir ...Petitioner
Versus
Union of India & Ors. ...Respondents

Counsel for the Petitioner:
Alok Mishra

Counsel for the Respondents:
A.S.G., Sharad Dwivedi

A. State Bank of India Officers Service
Rules,
Section
67(h)
-
Disciplinary
Proceedings - Compulsory Retirement -
Double Jeopardy - Repeated misconduct
by an employee can itself constitute
misconduct. Reference to a charge proved
in
a
prior
disciplinary
inquiry
to
demonstrate
that
the
delinquent
employee is a habitual offender does not
attract the principle of double jeopardy.
The imposition of a previous penalty on
the
petitioner
is
relevant
when
considering punishment in subsequent
disciplinary proceedings. (Para 14)

B. State Bank of India Officers Service
Rules,
Section
67(h)
-
Disciplinary
Proceedings - Compulsory Retirement -
When a person is employed in the banking
business, they are duty-bound to perform
with utmost honesty and sincerity. Any
infraction leading to the misappropriation
of funds amounts to serious misconduct,