JUDGEMENT
M.Y.EQBAL, J. -
(1.) IN this writ application the petitioner seeks appropriate direction upon the respondents -Siddhu Kanhu University to take appropriate step for sending his name to the Jharkhand State Public Service
Commission for being considered for the post of Professor in the faculty of English in P.G. Centre at
Dumka.
(2.) THE petitioner is working as Reader in the faculty of English in the P.G. Centre of the respondent 534 University with effect from 24.2.1991. He was appointed as lecturer in Bhagalpur University on
24.2.1983. It is contended by the petitioner that he has been teaching the post graduate students for the last 17 years in P.G. Centre of the University and has published several books on the subject. The
petitioner was given promotion on the post of Reader in the year, 1991 as he completed 8 years of
service as Reader in English on 24.2.1991. Thereafter, he applied for the post of Professor and filed
several representations for his promotion to the post of Professor but the University has not
recommended his name to the Commission for consideration of his case for appointment on the post of
Professor in the faculty of English.
The respondents in their counter affidavit have stated that the petitioner was promoted to the post of Reader under Merit -cum -Time Bound Promotion Scheme on 24.2.1991. It is stated that the petitioner
has completed 16 years of continuous service required for the promotion to the post of University
Professor on 24.2.1999 but the time bound promotion scheme is valid only upto 23.9.1995 as per
Statute approved vide letter dated 23.9.1995. Hence, the petitioner 'sapplication cannot be
screened and sent to the Commission for being granted concurrence. It is contended that after
23.9.1995 the University need to take open interview conducted by the University Grants Commission for promotion to the post of Reader/University Professor. The petitioner is free to apply for appointment
to the post of University Professor if advertisement is made by the U.G.C. against the sanctioned post
in any University/College throughout the country.
(3.) MR . M.S. Anwar, learned counsel appearing on behalf of the University, in course of argument, drew my attention to the aforementioned letter No. BSU -20/95 -2133 (G.S. -II) dated 23.9.1995. From perusal
of the said letter it appears that 1/3rd of the total number of permanent position of the Readers in the
subject in the college and the University department, may be given merit promotion as Professor subject
to fulfillment of other terms and conditions. One of the conditions for consideration for promotion from
the post of Reader to the post of Professor is that the candidate must have completed atleast 8 years
of continuous service as Reader.;
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