- (1.) C.A.Nos.13724-13725 of 2015 (Arising out of SLP(C)Nos.33090-33091 of 2014) 1. Leave granted.
(2.) The appellant - Vindu Kishore Sharma was appointed as a Reader in the Department of Physics of the Chaudhary Charan Singh University, Meerut (hereinafter referred to as 'the University') on 30.03.1982. The appellant claimed onward promotion to the post of Professor under the "Personal Promotion Scheme". The promotion under the "Personal Promotion Scheme" was introduced by an amendment of the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as 'the University Act') by inserting Section 31A therein. Section 31A being relevant for the present controversy, is extracted hereunder: "31-A. Personal promotion to Teachers of University : (1) Notwithstanding anything to the contrary contained in any other provision of this Act, a Lecturer in the University appointed under Section 31, or a Reader in the University appointed under Section 31 or promoted under this section, who has put in such length of service and possesses such qualifications, as may be prescribed, may be given personal promotion, respectively to the post of Reader or Professor. (2) Such personal promotion shall be given on the recommendation of the Selection Committee, constituted under clause (a) of sub-section (4) of Section 31, in such manner and subject to such conditions as may be prescribed. (3) Nothing contained in this section shall affect the posts of the teachers of the University to be filled by direct appointment in accordance with the provisions of Section 31." A perusal of Section 31A reveals, that a scheme of personal promotion is contemplated for Lecturers, who can be promoted as Readers; and for Readers, who can be promoted as Professors. Section 31A also contemplates that eligibility for promotion under the "Personal Promotion Scheme" would be determined on the basis of "...such qualifications, as may be prescribed...".
(3.) The first prescription of qualifications for promotion under the "Personal Promotion Scheme", contemplated under Section 31A of the University Act, came to be issued on 25.02.1984. Under the aforesaid instructions, a Reader who had completed 10 years regular service against the post of Reader (out of which 5 years should have been rendered in the same University) would be eligible for personal promotion to the post of Professor. The 1984 instructions also postulated, that such of the teaching staff as are eligible, and would apply for personal promotion in the prescribed proforma, would be allowed personal promotion subject to their work being adjudged as satisfactory, by a Selection Committee.;