Allahabad HC restores two Lucknow University associate professors

The Allahabad High Court quashed the Chancellor's order cancelling two associate professor appointments. The ruling affirmed that subject-specific eligibility criteria prevail over general university norms.

In Short

• Division bench heard separate petitions from Himanshu Mohan and Sangeeta Sahu
• Chancellor cancelled selections in November 2017 after Ritu Narang's complaint
• UGC regulations entered university statutes with effect from December 2013

The Allahabad High Court has quashed an order by the Lucknow University Chancellor cancelling the appointments of two associate professors, news agency Press Trust of India reported.

The court ruled that the specific eligibility criteria prescribed for appointments in Management and Business Administration would prevail over the university's general eligibility requirements. It upheld the appointments and directed that the two professors be granted all consequential benefits.

A division bench of Justices Alok Mathur and Amitabh Kumar Rai delivered the verdict on Thursday on separate petitions filed by Dr Himanshu Mohan and Dr Sangeeta Sahu.

The petitioners had been appointed associate professors in the Department of Business Administration under the university's Faculty of Commerce. However, the Chancellor cancelled their appointments on November 27, 2017, under Section 68 of the Uttar Pradesh State Universities Act, 1973.

The action followed a complaint by Dr Ritu Narang challenging the appointments. According to PTI, the Chancellor had held that the candidates failed to produce documents showing that they had guided research scholars and doctoral students, as required under the general provisions of the university's First Statutes.

The bench noted that the state government had incorporated the University Grants Commission's 2010 regulations into the university's First Statutes with effect from December 3, 2013. Statute 11.03.04(g) laid down specific eligibility criteria for appointments in Management and Business Administration.

The court held that these special provisions would prevail over the general eligibility norms. It said the fact that the Department of Business Administration functioned under the Faculty of Commerce could not make the subject-specific eligibility criteria ineffective.

The bench also observed that the selection committee had made the appointments under the applicable special provisions and had not sought the disputed documents. Therefore, the candidates' failure to submit them could not, by itself, make their selection illegal.

Finding that the Chancellor's order was based on an incorrect understanding of the law and facts, the court set it aside and allowed both petitions. Uttar Pradesh Governor Anandiben Patel is the Chancellor of Lucknow University.

The ruling restores the appointments of Dr Mohan and Dr Sahu, with the High Court affirming that the specific eligibility rules for Management and Business Administration applied to their selection.

- Ends