University Of Delhi v. Dr Mahavir Singh Kalon

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 799/2023, CM APPL. 63528/2023 -Delay 78 days. CM APPL. 63529/2023 -Delay if any (RF) & CM APPL. 63525/2023 (stay) + LPA 822/2023, CM APPL. 64992/2023 -Delay 330 days (RF) & CM APPL. 64989/2023 -Stay + LPA 823/2023, CM APPL. 65100/2023 -Delay 290 days, CM APPL. 65101/2023 -Delay 242 days (RF) & CM APPL. 65097/2023 -Stay UNIVERSITY OF DELHI ..... Appellant Through:

Mr.Mohinder J S Rupal & Mr.Hardik Rupal, Advs.

versus DR MAHAVIR SINGH KALON MANJU ARORA RELAN & ANR.

PROF. P.B. PANKAJA & ORS.

..... Respondents Through:

Mr.K.S.Rekhi, Adv.

in LPA 799/2023.

Mr.Sanjay Relan, Mr.Rakesh Chahar, Ms.Faguni Katyal & Ms.Neha Rishi, Advs. in LPA 822/2023 Mr.Prasanna S & Ms.Swati Arya, Advs.

Mr.Apoorv Kurup, CGSC with Ms.Nidhi Mittal, Mr.Akhil Hasija & Ms.Gauri Goburdhun, Advs.

for UGC.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 01.05.2024 CM APPL. 63526/2023 & CM APPL. 63527/2023 in LPA 799/2023 CM APPL. 64990/2023 & CM APPL. 64991/2023 in LPA 822/2023 CM APPL. 65098/2023 & CM APPL. 65099/2023 in LPA 823/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

1. Exemptions allowed, subject to all just exceptions.

2. The applications stand disposed of.

LPA 799/2023, LPA 822/2023 & LPA 823/2023

3. The present appeals under Clause X of the Letters Patent seek to assail the orders passed by the learned Single Judge in three similar writ petitions preferred by the respondents. Vide the impugned orders, the claim of the respondents for granting them promotion to the post of Professor from the date of their eligibility has been accepted by the learned Single Judge.

4. Taking into account that the impugned orders are based on the UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in University and Colleges and Measurers for the Maintenance of Standard in Higher Education), Regulations 2010, ["UGC Regulations, 2010"] this Court had, on 15.12.2023, granted time to learned counsel for the UGC to obtain instructions regarding their stand qua the findings in the impugned order.

5. Today, Mr.Apoorv Kurup, learned counsel for the UGC, submits that the impugned order correctly interprets the UGC Regulations, 2010. Consequently, the UGC has no grievance with the directions issued by the learned Single Judge.

6. Having perused the impugned orders and taking into account the stand taken by the learned counsel for UGC, we are of the considered view that all the respondents were, in terms of para 6.3.12 of the UGC Regulations 2010, entitled to promotion as Professor from the date of their eligibility. We, therefore, find no reason to interfere with the impugned order. The appeals being meritless are dismissed along with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

all accompanying applications.

REKHA PALLI, J SAURABH BANERJEE, J MAY 1, 2024/kk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.