Allow Cookies!
By using our website, you agree to the use of cookies
On 7th April 2017, Allahabad HC in the case of Vivekanand Tiwari v Union of India had quashed clauses 6(c) &8 (a)(v) of UGC Guidelines – that prescribed the manner of applying reservations for SC/ST/OBC in teaching posts. Clause 6(c) lays down the rule that all posts under a University are to be grouped together for the purpose of reservation. It also forbids the practise of creating department-wise cadre.
Division bench comprising of Justice Vikram Nath & Justice Daya Shankar Tripathi quashed the aforesaid clauses observing them to be in direct conflict & in violation of the law. While referring to 10 judgements of the Supreme Court & other High Courts that held reservation is to be applied department-wise or subject-wise treating it as a 'Unit' and not the University as a 'Unit'.
Apex Court’s precedents, State of U.P. v/s M. C. Chatopadhyay,State of U.P. v/s Dr. Dina Nath Shukla, State of Karnataka v/s K. Govindappa, Dr. Suresh Chandra Verma v/s The Chancellor Nagpur Universitywere mainly referred by the High Court. The bench observed - An Assistant Professor in subject 'A' cannot be an applicant for direct appointment as Associate Professor or Professor in subject 'B', 'C' or 'D'. He can only apply for the post in the subject 'A'. The seniority for becoming Head of the Department would be of the teachers in the same subject.
Central Govt. approached the Supreme Court yesterday against the aforesaid judgment of Allahabad High Court which had held that reservations in teaching posts in Universities are to be applied by taking subject/discipline as the unit, instead of university. A bench of Justices U U Lalit and Indira Banerjee refused leave to appeal to Ministry of Human Resources Department to challenge the High Court judgment delivered in the case.
86540
103860
630
114
59824