• Appointment at lower level

Hi !
Facts about my case :

1. The advertisement for various Faculty position in various departments of Delhi University was published on 5.5.2009.
Positions were : Professor , Associate Professor  & Assistant Professor
Qualifications for these positions were :
Professor : Ph.D + 10 years teaching or research experience
Associate Professor : Ph.D. + 5 years teaching or research experience
Assistant Professor : M.Sc. + NET
(* In the advertisement the designations of Assistant Professor, Associate Professor & Professor were as per the 6th pay commission (effective from 1.1..2006) BUT the Qualifications were as per the 5th Pay Commission (1.1.1996 – 31st Dec. 2006).
2. I Applied on 3rd June 2009 for the post of Associate Professor. At the time of application submission, I was having 8 years of teaching and 9 months of research experience.
3. I got the interview letter for the post of Associate Professor and was interviewed for the same on 24th Nov. 2009. Total candidates interviewed by the Selection committee with me on that day ~ 6.
4. On that day, first the selection committee meeting for Professors held, then the selection committee meeting for Associate Professors held and finally the selection committee meeting for Assistant Professors was held.  
5. Selection committee for Associate Professor, selected only me but recommended as Assistant Professor with AGP 8000.
6. As per the 6th Pay commission, Assistant Professor with AGP 8000, on completion of 3 years of service is to be promoted as Associate Professor in Career Advancement Scheme.
7. I accepted the offer and decided to join the DU as at that time I was already working at the same level, i.e. as Assistant Professor with AGP 8000 in Birla Institute of Technology and Science (BITS) Pilani, a Deemed University under UGC. So I was not losing anything financially and I was getting the change of place from Pilani to Delhi which was a great advantage for me from my research point of view. 

So I have the following questions :
1. Can a selection committee  formed to select the Associate Professors (higher level), selects and recommends a candidate for Assistant Professor (lower level) when there is a separate committee  to make selection at the Assistant Professor (lower level) ?
2. Can this decision be challenge in the Court now (after 6 years), if not challenged until now due to financial and other reasons ? 
3. If I accepted  the joining at the lower level (due to reason I mentioned at point no. 7 above), can I still challenge my case for Associate Professor ?

Please reply me soon.

Thanks.

Kumar
Asked 9 months ago in Civil Law from Delhi, Delhi
1) selection committee formed to select associate professor cannot select Asst professor as separate committee is formed for Asst professor 

2) this decision cannot be challenged after 8 years 

3) if you accepted the decision you cannot challenge your case for associate professor 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. Can a selection committee  formed to select the Associate Professors (higher level), selects and recommends a candidate for Assistant Professor (lower level) when there is a separate committee  to make selection at the Assistant Professor (lower level) ?

The selection committee has been empowered by the competent authority to take decisions as per law wherever it deems fit and appropriate.  Your selection too is on the basis of their discretionary power empowered or delegated to them by the authority concerned. If you had any grievances to the selection, you could have refused the offer at that time itself. 



2. Can this decision be challenge in the Court now (after 6 years), if not challenged until now due to financial and other reasons ? 

It will be too late to challenge the appointment when you had accepted the offer and rolled over 6 years after the appointment.



3. If I accepted  the joining at the lower level (due to reason I mentioned at point no. 7 above), can I still challenge my case for Associate Professor ?

Your challenge on any ground or reason may not be maintainable, alternately you can represent your grievances with the competent authority within the organisation, exhaust the remedies available locally and after that you may plan to initiate legal action either through CAT or by filing a  writ petition.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0

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