- (1.) Petitioner before this Court seeks quashing of the order of the Vice Chancellor, Aligarh Muslim University dated 24.7.2013 as well as order of the Registrar dated 15.6.2013. By means of the order dated 24.7.2013, the representation made by the petitioner in the matter of grant of designation and pay scale of Professor under Career Advancement Scheme (hereinafter referred to as 'CAS') had been rejected by the Vice Chancellor. Sri V.K.Singh senior Advocate and Sri Umesh Singh Vats questioned the grant of pay scale and designation of Professor to the respondents no. 5 to 8 on the ground that under the office memorandum dated 22.12.2012, the Vice Chancellor of Aligarh Muslim University in exercise of powers vested in him under Section 19(30 of the AMU Act, 1920 and on behalf of the Academic Council/Executive Council has approved the amendments/additions in accordance with the U.G.C. Regulations 2010 and the recommendations of the Ordinance Drafting Committee. Clause 12 (2), (3), (4), (5), (6) and (7) of Chapter-IV of the Ordinance (Executive) (copy of the amendment along with its annexures is enclosed as Annexure-9 to the present writ petition).
(2.) According to the petitioner under clause 12 (5) to the Proviso, it is specifically laid down as follows : "An Associate Professor (Academic Grade Pay-Rs. 9000/-) completing three (03) years of service in Stage-4and possessing a Ph.D. Degree in the relevant discipline shall be eligible to apply for promotion to the post of Professor under CAS (Stage-5, AGP-Rs. 10,000/-) subject to satisfying the required credit points as per API based PBAS methodology provided in Tables-I (IA-ID), Tables-II (IIA-IIC) and Table-III in Appendix-A of these Ordinances. The service requirement and the requirements of minimum academic performance and selection criteria are provided in Table-IV and Table-V (Appendix-A). Provided that no teacher, other than those with a Ph.D. degree, shall be promoted as Professor." Counsel for the petitioner, therefore, submits that no person can be promoted on the post of Professor under the CAS except, when he is possessed of a Ph.D. Degree. It is submitted that respondents no. 5 to 8 did not have a degree of Ph.D. on the date they were granted promotion to the post of Professor under the CAS and, therefore, the orders impugned are unsustainable in the eye of law.
(3.) Counsel for the private respondents no. 5 to 8 as well as counsel for the University submitted before us that the case of the respondents no.5 to 8 would be covered by clause 12(19) of the amended Ordinances, which reads as follows : "The candidates from the Faculty of medicine and Unani Medicine possessing minimum qualifications as prescribed by the MCI and CCIM/AYUSH, respectively, for the posts of Associate Professor and Professor may also apply for promotion under these Ordinances subject to their fulfilling other conditions as laid down in these Ordinances." It is submitted on behalf of the respondents that for Associate Professor in the Faculty of Medicine, it is not necessary to have a degree of Ph.D., if they satisfy the other minimum qualifications as prescribed by MCI and CCIM/AYUSH respectively for the post of Associate Professor for being promoted as Professor. It is their case that Faculty of Medicine covers under clause 19 stands excluded from general directions contained in Clause 12(5) of the Ordinances as amended. Counsel for the University Grants Commission, Sri R.A. Akhtar with reference to the UGC Regulations known as "University Grant Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Other Measures for Maintenance of Standards in Higher Education) Regulations 2010." Clause 6.4.8 submits that a candidate to be eligible to be appointed/designated as a Professor, should have a degree of Ph.D. He also refers to clause 6.4.8, which deals with the stages of promotion under the CAS on the post of Associate Professor and Professor. He, therefore, submits that the stand taken by the university to the effect that for the Faculty Members of Medicine and Unani Medicine possessing of a degree of Ph.D.for being promoted as Professor, is not correct.;