Dr. Susmita Bhattacharya vs. Chancellor, D. D. U. Gorakhpur Univ. & Ors

\210% SLP(C) 8227/14

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ITEM NO.20 COURT NO.5 SECTION XI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No.8227/2014

(Arising out of impugned final judgment and order dated 10/01/2014 in WP No. 1212/2012 passed by the High Court of Judicature at Allahabad, Lucknow Bench)

DR. SUSMITA BHATTACHARYA Petitioner(s)

VERSUS

CHANCELLOR, D.D.U. GORAKHPUR UNIV. & ORS. Respondent(s)

Date : 06/05/2015 This petition was called on for hearing today.

Ms. Kamini Jaiswal, AOR

Mr. Alok Shukla, AOR

CORAM :

HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT

For Petitioner(s)

For Respondent(s) Mr. Kavin Gulati, Sr. Adv. Mr. Avi Tandon, Adv. Mr. Rohit Sthalekar, Adv. Mr. Rajiv Dubey, Adv. Mr. Rajesh Mishra, Adv. Mr. Kamlendra Mishra, AOR Mr. Brijesh Kumar Shukla, Adv. Mr. Arvind Kumar Shukla, Adv.

UPON hearing the counsel the Court made the following O R D E R

Signature Not Verified

Ms. Kamini Jaiswal, learned counsel appearing for

Digitally signed by Chetan Kumar Date: 2015.05.07 18:29:18 IST Reason:

the petitioner, makes an oral prayer to implead the University Grants Commission through the competent authority as a respondent. She undertakes to file the corrected memo

SLP(C) 8227/14 2

of parties in course of the day. Registry is directed to rectify the cause title accordingly. After the cause title is amended, notice be issued to the newly added respondent.

Dasti, in addition, is permitted.

A copy of the petition be served on the learned

Standing Counsel for the University Grants Commission.

We have allowed the prayer for impleadment regard being had to the communication dated 29 th February, 2012, as that is central to the controversy raised in this Court. As we understand the issue, the scheme floated by the State Government vide G.O. No.1089/Sattar-1-2000-3(3)/2000 dated 3rd May, 2001, requires a candidate to submit three written contributions, as chosen by her/him to the University so that it can send them for review by the experts before the matter is considered by the Selection Committee. By the impugned communication, the University Grants Commission has expressed the view that out of five publications, three were written prior to the appointment of the petitioner as Reader. Therefore, the crux of the matter is whether articles/papers written, while holding any post as a teacher would suffice or the candidate is required to present articles/papers while holding the post in the feeder cadre of 'Reader'.

This Court on the earlier occasion has directed for status quo to be maintained, existing as on 20 th March, 2015. Having heard Ms. Kamini Jaiswal, learned counsel for the petitioner, Mr. Brijesh Kumar Shukla, learned counsel for the respondent No.1 and Mr. Kavin Gulati, learned senior counsel for the respondent Nos.3 to 5, we modify the order and direct that one post meant for the Professor (English) under Career Advancement Scheme (CAS) shall not be filled up. SLP(C) 8227/14

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The State of U.P. is directed to file its counter affidavit within four weeks.

Let the matter be listed on 15th September, 2015.

Court Master Court Master

(Chetan Kumar) (H.S. Parasher)