High Court · 2025

Mr. Harendra Belwal, Advocat e, for t he pet it ioner. Mr. Subhang Dobhal, Advocat e, for t he respondent s. Pet it ioner was init ially appoint ed ( 2) in GB Pant as Assist ant Librarian Universit y of Agricult ure and Technology in t he year 1996. She was subsequent ly prom ot ed as Deput y Librarian in t he year t he select ion t o her, 2007. According com m it t ee m et considering her claim for prom ot ion under Career Advancem ent Schem e t o t he post of Librarian. However, result of t he said select ion has not been opened. By m eans of t his w rit pet it ion, pet it ioner has sought t he follow ing reliefs:

20.12.2014 “ i) To declare office let t er no. पीएमए / एआरआर / 2018/ 2879, dat ed 18.12.2018, issued arbit rary , unconst it ut ional and illegal ( Annexure No. 22 t o t his writ pet it ion) . respondent universit y, ii) I ssue a writ order or dir ect ion in t he nat ure of m andam us com m anding t he respondent univer sit y t o open t he env elope & int erview of Deput y declare Librarian, w hich was held on 20.12.2014 and also recom m ended by Univ ersit y Library vide let t er no. UL/ 400 dat ed 23.10.2020 ( Annex ure No. 16 t o t his writ pet it ion) . result t he iii) I ssue a writ order or direct ion in t he t he nat ure of m andam us com m anding respondent univer sit y t o prom ot e t he pet it ioner on t he post Professor / Librarian having it s pay scale Rs. 37400- 67000+ 10000 AGP from t he dat e it becam e dues w .e.f. 24.10.2011 wit h all Consequent ial benefit s applicable in Career Advancem ent Schem e.” Let t er dat ed in prayer no. 1,

18.12.2018, ( 3) im pugned is a com m unicat ion m ade t o t he pet it ioner by Chief Personnel Officer of t he Universit y, whereby pet it ioner was t hat since t here is no provision for Career Advancem ent Schem e under t he UGC Regulat ions, 2010, t herefore, t he Board of t he Universit y has Managem ent decided not t o open t he sealed envelope, in which result of t he select ion has been kept . inform ed Learned t he Counsel ( 4) Universit y subm it s t hat as per UGC Regulat ions, t he post of Librarian is t o be filled by open recruit m ent only and t here is no provision for prom ot ion under Career Advancem ent Schem e. He refers t he supplem ent ary t o Annexure- 2 count er a com m unicat ion from Under in which UGC has Secret ary, UGC, clarified is no prom ot ional avenue available t o Deput y Librarian and t he post of Librarian is t o be filled by open recruit m ent only. t o affidavit , received w hich t here t hat Counsel Learned ( 5) t he pet it ioner, how ever, relies upon Appendix- I I I : Table- I X of UGC Regulat ions, not ified on 18.9.2010, for cont ending t hat Deput y Librarians are ent it led t o prom ot ion as Librarian ( St age- 5) . However, perusal of t he said Appendix reveals t hat a Deput y Librarian has t o fulfil cert ain condit ions Scores, regarding Publicat ions, et c. I t is not known as t o m inim um API t he eligibilit y fulfils whet her pet it ioner condit ions as m ent ioned fourt h colum n of Appendix- I I I : Table- I X of UGC Regulat ions, not ified on 18.9.2010. t he I n t he absence of any clarit y ( 6) regarding t he eligibilit y of pet it ioner for prom ot ion t o t he post of Librarian, we dispose of t he writ pet it ion by direct ing in GB Pant t he com pet ent aut horit y Universit y of Agricult ure and Technology t o revisit t he issue and exam ine as t o whet her prom ot ion as Librarian, under Career Advancem ent Schem e, in t he light of UGC Regulat ions issued from t im e t o t im e. We hope and expect t hat t his exercise shall be com plet ed w it hin six m ont hs from t he dat e of product ion of cert ified copy of t his order. pet it ioner eligible ( Su b h ash Up a d h y ay , J.) ( M a n o j K u m ar Ti w a r i , J.) 1 5 .0 7 .2 0 2 5 Pr PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aea b198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052D F6FCA58C67F3C91957BE53, cn=PRABODH KUMAR