The Writ Petition was allowed by the High Court by its judgment dated 07.10.2015.
The High Court did number go into any other issue in view of the findings recorded on the lack of qualification on the part of the Appellants and Respondent Nos.6 and 7.
The High Court allowed the Writ Petition only on one point i.e. the lack of qualification of Ph.D. which disentitled Appellants and Respondent Nos.6 and 7 from being appointed as Professor.
Respondent No.1 was also promoted to the cadre post in 2009.
Several points were raised before the High Court regarding the ineligibility of the Appellants and Respondent Nos.6 and 7 for being companysidered for promotion to the post of Professors.
The promotion of the Appellants and Respondent Nos.6 and 7 as Professors was set aside and they were directed to be reverted from the post of Professor.
This representation was rejected by a letter dated 24.07.2013.
As some of them were promoted as Professors with effect from 2009, they become seniors to Respondent No.1 as Professors.
The Appellants and Respondent Nos.6 and 7 were companysidered for promotion to the post of Professor Career Advancement Scheme .
He was further selected for appointment to the post of Professor under the Career Advancement Scheme as well as cadre promotion.
The Aligarh Muslim University is a Central University governed by the Universities Act, 1920.
He waived his right for promotion under the Career Advancement Scheme and was treated as having been promoted to a cadre post.
Aggrieved by the said judgment, the Appellants have approached this Court by filing this appeal.
7 before the High Court have also filed Special Leave Petitions against the said judgment.
The Aligarh Muslim University made suitable amendments to the Ordinances Executive for promotion under the Career Advancement Scheme to bring it in accord with the UGC Regulations of 2010.
On the basis of the recommendation of the General Selection Committee, the Appellants and Respondent Nos.6 and 7 were promoted as Professors with effect from the dates of their entitlement.
Clause 6.4.8 of the UGC Regulations companycerns the promotion to be granted under the Career Advancement Scheme and provides that the educational qualification for appointment promotion as a Professor and Associate Professor is a Ph.D. Clause 4.1.0 and Clause 6.4.8 are number applicable to teachers working in the faculty of medicine as they would be governed by Regulations of Ministry of Health and Family Welfare, Government of India as per Clause 1.1.1.
The UGC filed an additional companynter affidavit in November, 2016 in which they companyrected the mistake companymitted earlier and stated that the qualification for the teaching post in the faculty of medicine shall be those prescribed by the Ministry of Health and Family Welfare in companysultation with the statutory Council i.e. Medical Council of India.
The Aligarh Muslim University Respondent No.3 before the High Court and Dr. Shahzad F. Haque Respondent No.
Respondent No.1 submitted a representation to the University against the promotions of the Appellants and Respondent Nos.6 and 7.
It is an autonomous organization fully funded by the Government of India.
Challenging the orders of promotion of the Appellants and Respondent Nos.6 and 7, dated 15.06.2013 and the letter dated 24.07.2013 by which his representation was rejected, Respondent No.1 approached the High Court by filing a Writ Petition.
NAGESWARA RAO, J. Leave granted.
The promotion of the Appellants and Respondent Nos.6 and 7 as Professors in the Jawahar Lal Nehru Medical Signature Not Verified College, Aligarh Muslim University under the Career Digitally signed by SANJAY KUMAR Date 2018.04.23 165443 IST Reason Advancement Scheme was challenged by Respondent No.1 by filing a Writ Petition in the High Court of Allahabad.
The service companyditions, appointments and promotions of teachers in the University are governed by the statutes of the University and the Ordinances promulgated by the Executive Council Academic Council.
Respondent No.1 was initially appointed as a Lecturer on 05.08.1992 in the Jawahar Lal Nehru Medical College, Aligarh Muslim University.
He was promoted as a Reader under the Career Advancement Scheme on 25.06.2003.
The regulations framed by the University Grants Commission UGC are applicable to the University.
