- (1.) All the petitioners are serving in the Maharana Pratap University of Agriculture & Technology, Udaipur on the post of Associate Professor in various subjects. The relief sought by the petitioners is for promotion to the post of Professor under the Career Advancement Scheme by taking into consideration the aggregate of marks obtain in Expert Assessment and not just the interview marks alone i.e. they should be promoted if they are, otherwise, eligible and have secured more than 50% marks in the Expert Assessment carrying 100 marks, which includes interview marks.
(2.) The petitioners who are serving on the post of Associate Professors are stated to be entitled to the next promotion as per the prevailing UGC/ICAR Regulations and the Rules for promotion to the post of Professor in accordance with Career Advancement Scheme (hereinafter referred to as, "the CAS"). The University Grants Commission (hereinafter referred to as, "the UGC") framed its Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities & Colleges and Measures for the Maintenance of Standards in Higher Education- 2010, (hereinafter referred to as, "the Regulations, 2010"), which was published in the Gazette of India. In these Regulations, the UGC in Regulation 6.4.0 stated the stages of promotion of incumbent and newly appointed Assistant Professors/ Associate Professors/ Professors under CAS. The Regulation 6.4.8 is relevant for the purpose of promotion to the post of Professor. As per the said Regulation, "Associate Professor completing three years of service in Stage-4 and possessing a Ph.D. degree in the relevant discipline shall be eligible to be appointed and designated as Professor and be placed in the next higher Grade (Stage-5), subject to (a) satisfying the required credit points as per API based PBAS methodology provided in Table I-III of Appendix IV stipulated in these Regulations, and (b) an assessment by a duly constituted selection committee as suggested for the direct recruitment of Professor. Provided that, no teacher, other than those with a Ph.D., shall be promoted or appointed as Professor."
(3.) As per Regulation 6.3.2, the candidates who do not secure 50% marks in the Expert Assessment will have to undergo re-assessment after one year. The respondents took a decision to adopt the Regulations, 2010 for the purpose of CAS and also to finalize and approve the guidance score card. While adopting the Regulations, 2010, certain modifications were made by the State Government in which Clause-4 said that Career Advancement Scheme on or after 31.12.2008 shall be strictly as per the revised Regulation, 2010 as stated in para 1.3. of the UGC Regulations dated 30.6.2010. The petitioners were facing stagnation and therefore, made representations through their association to the University for conducting a process for promotion under the CAS as no promotion had taken place since 2001 when 42 promotions were given to the teaching staff as Professors. Out of which, 60% Professors had already retired by the end of 2010. It was also stated in the representation that as per the ICAR and UGC Guidelines, process for promotion should be conducted every year on regular basis. In pursuance of such representations, the University recommended for conducting of personal promotion of teachers under the CAS vide letter dated 4.5.2011.;