In a significant development, the Delhi High Court has issued a directive for the re-designation of Research Assistant to Assistant Professor in the case involving Maharishi Dayanand University and RSKS. This decision marks a crucial step towards ensuring justice and equal opportunities in higher education institutions. Stay informed about the latest developments in this case.
Facts
- The petitioner joined the University as a Proof Reader on ad-hoc basis on 02.12.1998 and was confirmed as a permanent Proof Reader till 26.11.2007.
- Despite various representations, the petitioner did not receive any response from the University regarding his promotion.
- In 2011, 12 Research Assistants were promoted to Assistant Professors after approval from the Ministry of Human Resource Department.
- The petitioner submitted a representation on 25.05.2011 to upgrade his post to that of an Assistant Professor.
- The Commissioner of Higher Education upgraded the post of Research Assistant to Assistant Professor in Maharishi Dayanand University and Kurukshetra University.
- The Banaras Hindu University also upgraded some Research Associates to Assistant Professors as per a letter dated 15.02.2019.
- The petitioner, holding M.Phil. and Ph.D. in Sanskrit, claims to be fully qualified for the re-designation as Assistant Professor, approved by the University Grants Commission.
- The petitioner seeks the release of Assistant Professor grade, consequential benefits, and arrears of pay with interest from the entitled date to actual payment.
- Creation of 31 posts of Assistant Professor at this stage to accommodate eligible PGTs/TGTs/junior lecturers/research assistants
- Abolishment of vacant posts out of 60 PGTs/TGTs/junior lecturers/research assistants with immediate effect
- Remaining posts to be abolished as and when they fall vacant
Arguments
- The Petitioner had submitted a representation on 30.10.2012 seeking upgradation of the pay-band of the post of Research Assistant.
- The Competent Authority of the University considered the Petitioner’s request.
- There was no proposal or approval from the University Grants Commission for the upgradation.
- University informed that if upgradation is approved, the Research Assistant post would be adjusted against an existing vacant Assistant Professor position.
- Assistant Professor is an entry-level post in the university filled only through direct recruitment per UGC Regulations, 2010.
- Qualifications of the Petitioner for Assistant Professor post need to be assessed by the University first.
- UGC rejected the upgradation proposal citing different job profiles for Research Assistant and Assistant Professor.
- The University proposed to upgrade the petitioner’s pay-band from Research Assistant to Assistant Professor
- The UGC did not agree to this proposal
- Further negotiations or discussions regarding the pay-band upgrade were required
Analysis
- The University Grants Commission considered the post of Research Officer for re-designation to the post of Assistant Professor in Banaras Hindu University.
- The proposal seeking rationalization of the post of Research Assistant as Assistant Professor was turned down in a letter dated 20.10.2020.
- RSKS may seek creation of additional posts or accommodate eligible individuals against existing vacant posts for appointment as Assistant Professor at a later stage.
Decision
- The Competent Authority of the University is directed to reconsider the petitioner’s prayer for re-designation within four weeks.
- The petitioner is to be given an opportunity for hearing and submitting additional supporting documents.
- University must consider the letter dated 30.03.2011 and UGC eligibility conditions while re-evaluating the petitioner’s case.
- If University agrees to re-designate, the proposal should be sent to UGC for approval.
- UGC has to dispose of the proposal within four weeks of receiving it.
Case Title: DR. GYAN DHAR PATHAK Vs. REGISTRAR, SHRI LAL BAHADUR SHASTRI RASHTRIYA SANSKRIT VIDYAPEETHA AND ORS (2024:DHC:3847)
Case Number: W.P.(C)-1323/2020
