- (1.) (Civil Misc. Delay Condonation Application No. 183212 of 2016 and Civil Misc. Review Application No.183215 of 2016). The review application has been filed by Professor Madan Mohan Rajput (petitioner) for reviewing the judgment and order dated 5.2.2016 passed in Writ A No. 63424 of 2015 (Prof. Madan Mohan Rajput v. State of UP and ors) wherein the orders dated 6.7.2015, 18.8.2015 and 28.9.2015 passed by the Vice Chancellor, Bundelkhand University, Jhansi-respondent no. 2 and the Executive Council of Brahma Nand Post Graduate College, Rath, Hamirpur-respondent no. 4 were affirmed and the writ petition was dismissed in following terms:- 15. We have occasion to peruse the aforesaid Government Orders and this much is reflected that UGC Regulation 2010 stands adopted by the State Government and bare perusal of the Government Order dated 31.12.2010 would go to show that as far as teachers and other non-teaching staff are concerned, qua then the UGC Regulation 2010 has to be adhered to and same is the language that has been so used in the letter dated 3.10.2013. We have also perused the details regarding minimum score as stipulated in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS) as set out in this Regulation in Appendix-III for direct recruitment of Professor in Colleges. 16. It has also been brought on record that in pursuance of the order dated 28.9.2015 passed by the Vice Chancellor, Dr. R.D. Mahan-respondent no.6 has been given the charge of officiating Principal of the institution and consequently vide order dated 15.10.2015 the Regional Higher Education Officer, Jhansi has also attested the signatures of respondent no.6 as Officiating Principal of the institution in question. The respondent no.6 possesses the requisite qualification for the post of Principal and fulfils the conditions/qualifications given in Regulation 4.2.0 of UGC Regulation 2010. Details have also been furnished regarding the minimum score of respondent no.6 with regard to Academic Performance Indicator (API) and Performance Based Appraisal System (PBAS). The same has been certified by Registrar, Bundelkhand University, Jhansi, which clearly gives an impression to the Court that the documents in question had been thoroughly scrutinised by the competent authority. The record in question clearly reflects to this Court that the respondent no.6 possess the qualification for the post of Principal as provided in UGC Regulations, 2010 and thus he is qualified for the post of Principal and has rightly been given the charge of officiating Principal of the institution. 17. The writ petition sans merit and is dismissed.
(2.) In support of present review application, it is sought to be contended that for appointment on the post of officiating Principal of the College, a candidate requires to fulfil the eligibility criteria as laid down by the First Statutes of Bundelkhand University and the petitioner-applicant is qualified for appointment on the post of officiating Principal of the College in question. There is a difference in the eligibility criteria for the post of Principal and the post of officiating Principal as laid down in Statutes 10.02 and 12.20 of the First Statutes of Bundelkhand University whereby two posts are differentiated from each other, therefore, separate qualifications have been provided in the Statute. It has also been urged that a candidate for appointment on the post of officiating Principal requires to fulfil the eligibility criteria as laid down under Statute 12.20 only and not required to fulfil the criteria laid down under Statute 12.02 of the First Statutes of Bundelkhand University. The UGC Regulations 2010 do not deal with the post of officiating Principal at all and it provides the qualifications for the post of regular Principal whereas the present matter relates to the appointment of officiating Principal and not regular Principal and as such, UGC Regulations 2010 would not be applicable to the appointment on the post of Principal to a Degree College in view of the exclusion carved by the Government order dated 31.12.2010 whereby the selection of the Principal in Degree Colleges is to be conducted by the existing provisions only i.e. the First Statutes of Bundelkhand University. Various other grounds have been also been taken.
(3.) At the very outset, Shri Rahul Jain, learned counsel for the private respondent has vehemently opposed the review application precisely on the ground that the judgement and order passed by this Court dated 5.2.2016 was subjected to challenge in Special Leave to Appeal (C) No. 9729/2016 and Hon'ble Apex Court vide order dated 18.4.2016 had proceeded to dismiss the aforesaid SLP with following observations:- Application for exemption from filing official translation is allowed. The special leave petition is dismissed. ;