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| Fresh UGC notification for appointment of Assistant Professors creates confusion | | | Akshay Azad
Early Times Report
Jammu, Oct 3: Already perturbed over stalled interview process for posts of Assistant Professors in department of higher education, the aspirants have encountered another dilemma in the form of a fresh notification of University Grants Commission (UGC).
The UGC vide notification D.O.No.F. 1 -1 221201 6(VlP/PS), has made it clear that all the amendments in the UGC regulations from time to time, will have prospective and not retrospective effect.
The notification reads, "It is clarified that the appointments of Teachers and other Academic Staff through direct recruitment shall be governed by the UGC Regulations on Minimum Qualifications for Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of the Standards of Higher Education, 2010 alongwith their amendments notified at the time of issuance of the advertisement and subject to conditions".
These conditions are, "The University concerned has followed the UGC Regulations on Minimum Qualifications for Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of the Standards of Higher Education, 2010 alongwith their Amendments notified at the time of issuance of the advertisement. The advertisement for the post(s) was published before the notification of the subsequent amendments. Due selection criteria / process as prescribed in the UGC Regulations and their amendments, in operation on the date of advertisement, was followed. No modification was made subsequently in the original advertisement".
Raising finger over the selection of some Ph.D holders in various subjects, some NET qualified candidates said that as per UGC notification the amendment of 2016 in UGC recruitment rules of 2010, could not have retrospective effect.
"The posts in Jammu and Kashmir were advertised in May 2014 as per 2010 regulations and allowing Ph.d candidates in interviews was a violation of UGC rules", the candidate said.
The candidate further said that vide circular no 17-GAD of 2016, dated 14/3/2016, it reads, "Every law, rule, notification or order is effective prospectively unless there is an express provision for applying the same retrospectively.
In other words, retrospective operation has to be expressly provided. Notification SRO 438 of 2015 (Amendment in the Gazetteed and Subordinate Service Recruitment Rules-clarification thereof), has been issued on 11th Decewmber 2015 and shall have a prospective effect. This notification will be applicable to the selectiosn made after issuance of this notification and the selection processes already initiated before issuance of the notification is to be conducted as per rules in vogue before issuance of notification SRO 438 of 2015".
"If go by the GAD circular of 2016 and above mentioned notification of UGC, allowing Ph.d candidates for interviews was in violation of government rules", the candidate said, adding that it was still unknown, why retrospective effect was given to the UGC notification of 2016.
Sources in JKPSC informed that the recruitment was done as per the recruitment rules forwarded by Higher Education department. "There was no mention of implementing the UGC amended regulations of 2016, retrospectively or prospectively", sources said, adding that the UGC amendment of 2016, was issued only to address the demand of several hundred thousands of Ph.d candidates, who had been protesting against the regulations of 2010.
The source further said that only the higher Education department could take any decision, if required. |
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