T.V.MOORTHY K.K.R.BHARDWAJ Vs. H.P.K.V.V.
LAWS(HPH)-1997-6-15
HIGH COURT OF HIMACHAL PRADESH
Decided on June 02,1997

T V MOORTHY AND K K R BHARDWAJ AND ORS Appellant
VERSUS
H P K V V AND ORS Respondents





Cited Judgements :-

PRIYANKA BARMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-7-101] [REFERRED TO]


JUDGEMENT

- (1.)First of the petitions is in challenge of appointment of the 3rd Respondent as Dean of the Ist Respondent University. The Petitioners are all Professors and Heads of Departments in the University. The qualifications for the appointment of Dean are found in Statute 3.11. They read as follows:
1. B Sc (Agri)/B V. Sc. II Class and M. Sc./M.V. Sc. II Class followed by Ph D. in any filed of Agriculture and Veterinary and Animal Sciences.

2. 10 years* post doctoral teaching/research experience in relevant filed out of which at least 5 years experience should be as Professor/equivalent.

3. A significant contribution or accomplishment, in the field of Research/Education as evidenced by publications.

4. Good knowledge of educational systems prevalent in the world:

Provided that the above qualifications shall not apply to those who are in service from Himachal Pradesh.

The composition of Selection Committee is also set out in the same Statute in colomn 4 as follows:

1. Vice-Chancellor-Chairman

2. Three Scientists or educationists with experience of work in Scientific educational or administrative capacity from outside the University, two to be nominated by the Chancellor and one to be nominated by the Vice-Chancellor. -Members

3. One Nominee of the ICAR -Member.

(2.)The applications were called for by an advertisement issued by the University for the post of Dean and as per their advertisement the last date for receipt of applications was 9-5-1988, The applications were screened on 12-8-1988 and interviews were held on 13-9-1988. The 3rd Respondent who was acting as Assistant Professor was promoted under the Personal Promotion Scheme w.e.f. 1 -7-1983. Under that Scheme, the post which was being held by the person concerned was upgraded by the University w. e. f the date on which he became eligible to hold the post of Professor. Thus, the 3rd Respondent can be said to have become a Professor from 1-7-1983.
(3.)Under the qualifications prescribed in Statute 3.11 the person concerned should have at least 10 years' post doctoral teaching/research experience in the relevant field out of which at least 5 years experience should be as Professor/equivalent. It is contended by the Petitioners that on the date on which the applications were called for or on the last date prescribed for receipt of applications, the 3rd Respondent had not completed the period of five years as required by the Rules and consequently he was not eligible for being considered to the post of Dean.


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