Regarding Interpretation of Recruitment Rules
NO. GH/SH/12/2015/GEC/1111/61263/GH:- In exercise of the powers conferred by the proviso to article 309 of the Constitution of India and in supersession of all the rules made in this behalf, the Governor of Gujarat hereby makes the following rules to provide for regulating recruitment to the post of Associate Professor in Engineering or Technology (in relevant branch) in Government Engineering Colleges in the Gujarat Education Service, Class I (Collegiate Branch) under the Commissionrate of Technical Education, Gujarat State, namely :-
1. These rules may be called the Associate Professor, Class I, in Engineering or Technology (in relevant branch) in Government Engineering Colleges Recruitment Rules, 2015.
2. Appointment to the post of Associate Professor, in Engineering or Technology (in relevant branch ) in Government Engineering Colleges in the Gujarat Education Service, Class I, (Collegiate branch) shall be made either,
( a) by promotion of a person of proved merit and efficiency from amongst the persons who :-
(i) have worked for not less than eight years in the cadre of Assistant Professor, in Engineering or Technology (in relevant branch), in Government Engineering Colleges in the Gujarat Education Service, Class II,(Collegiate Branch) ;
(ii) have passed the qualifying examination for computer knowledge in accordance with the provisions of the Gujarat Civil Services Computer Competency Training and Examination Rules,2006 ; and
(iii) possess the educational qualification as prescribed in clause (b) of rule 3 for direct selection :
Provided that a candidate who is already appointed by direct selection as Assistant Professor (in relevant branch) with the corresponding subject shall also be considered for promotion according to his seniority as Assistant Professor :
Provided further that where the appointing authority is satisfied that a person having an experience specified in sub clause (i) above is not available for promotion and that it is necessary in the public interest to fill up the post by promotion even of a person having experience for a lesser period, it may for reasons to be recorded in writing, promote such person who possesses experience of a period of not less than two thirds of the period as specified in sub clause (i) above; or,
(3) (b) by direct selection.
To be eligible for appointment by direct _selection to the post mentioned in rule 2, a candidate shall -
(a) not be more than 40 years of age:
Provided that the upper age limit may be relaxed in favour of a candidate who is already in the service of the Government of Gujarat in accordance with the provisions of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967 ;
b) possess ;
(i) a Ph.D. in Engineering or Technology with Bachelor's and Master's degree· in appropriate branch of Engineering or Technology with First Class or equivalent grade point at Bachelor's or Master's level obtained from any of the Universities established or incorporated ·by or under the
Central or a State Act in India or any other educational institution recognised as such or declared to be deemed as a University under section 3 of the University Grants Commission Act, 1956; or possess an equivalent qualification recognised by the Government ; and have atleast five years of combined or separate experience in teaching or industry or research:
Provided that, if suitable candidate . of appropriate branch is not available for appointment by direct selection, the suitable candidate who . possesses the qualification in corresponding branch, as the · State Government may determine from time to time, may be considered for the direct selection;
As per above rule, a person who is already serving as Assistant Professor (but not having PhD) be considered for promotion?