WPMB/291/2023
2023 Latest Caselaw 3210 UK

     IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                 AND
              THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL



             WRIT PETITION (M/B) NO. 291 OF 2023



                         18TH OCTOBER, 2023



Municipal P.G. College,
Mussoorie and another               ......                 Petitioners

Verses

State of Uttarakhand & others       ......               Respondents


Counsel for the petitioners    :   Mr. Shobhit Saharia and Mr.
                                   Bhuwan Bhatt, learned counsels

Counsel for the respondents    :   Mr. J.C. Pande, learned Standing
                                   Counsel for the State / respondent
                                   Nos. 1 and 2

                               :   Dr. Kartikey Hari Gupta, learned
                                   counsel for respondent No. 3

                               :   Ms. Anjali Bhargava, learned
                                   counsel for respondent No. 4


The Court made the following:
JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             Though steps have not been taken to serve

the UGC, counsel is present, and puts in appearance.


2)           Mr. Pande, who appears for the State, has

tendered instructions dated 17.10.2023, which are taken

on record. He submits that in terms of the instructions,
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the State has decided not to nominate any member on

the selection committee to fill up the vacant posts of

Assistant Professors by the petitioner-college.               The

reason cited is that the petitioner-college is affiliated to

respondent      No.   3-University,   which    is    a    Central

University.


3)          Aforesaid being the position, we permit the

petitioner to proceed with the selection process without

the nominee of the State Government.            However, the

petitioner shall strictly comply with the UGC Regulations

on Minimum Qualifications for Appointment of Teachers

and Other Academic Staff in the Universities and

Colleges and Other Measures for the Maintenance of

Standards in Higher Education, 2018, and, in particular,

Regulation 5 which defines the constitution of the

selection     committees,   and   guidelines    on       selection

procedure.      Since the posts to which the petitioner

wishes to make appointments are posts of Assistant

Professors in the petitioner-College, the petitioner shall

ensure compliance of Regulation 5.1-V, which reads as

follows :


     "V.  Assistant Professor in Colleges, including Private
     and Constituent Colleges :
                          3




(a) The Selection Committee for the post of Assistant
Professor in Colleges, including Private and constituent
Colleges shall consist of the following persons:

     (i)     Chairperson of the Governing Body of the
             College or his/her nominee from amongst
             the members of the Governing body, who
             shall be the Chairperson of the Committee.

     (ii)    The Principal of the College.

     (iii)   Head of the Department / Teacher-
             incharge of the subject concerned in the
             College.

     (iv) Two nominees of the Vice-Chancellor of the
          affiliating university, of whom one should be
          a subject-expert.        In case of colleges
          notified/declared as a minority educational
          institution, two nominees of the Chairperson
          of the college from out of a panel of five
          names, preferably from the minority
          community, recommended by the Vice-
          Chancellor of the affiliating university, from
          the list of experts suggested by the relevant
          statutory body of the college, of whom one
          should be a subject-expert,

     v)      Two subject-experts not connected with the
             college who shall be nominated by the
             Chairperson of the College governing body
             out of a panel of five names recommended
             by the Vice-Chancellor from the list of
             subject experts approved by the relevant
             statutory body of the university concerned.
             In case of colleges notified/declared as
             minority   educational   Institutions,  two
             subject experts not connected with the
             University nominated by the Chairperson of
             the Governing Body of the College out of the
             panel of five names, preferably from the
             minority communities, recommended by the
             Vice-Chancellor from the list of subject
             experts approved by the relevant statutory
             body of the College,

     vi)     An         academician          representing
             SC/ST/OBC/Minority/Women/Differently-
             abled categories, if any of candidates
             belonging to any of these categories is the
             applicant, to be nominated by the Vice-
             Chancellor, if any of the above members of
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                 the selection committee does not belong to
                 that category.

            (b) Five members, including two outside subject
       experts, shall constitute the quorum."



4)          The writ petition stands disposed of in the

aforesaid terms.


5)          Interim Relief Application (IA No. 01 of 2023)

also stands disposed of.


                                       ________________
                                      VIPIN SANGHI, C.J.



                                   _________________
                                   RAKESH THAPLIYAL, J.

Dt: 18TH OCTOBER, 2023 Negi