State Act

THE UTTAR PRADESH STATE UNIVERSITIES ACT, 1973

31- (1) Subject to the provisions of this Act, the teachers of the University and the teachers of an affiliated or associated college (other than a college maintained exclusively by the State Government [ * * * ]3) shall be appointed by the Executive Council or the Management of the affiliated or associated college, as the case may be, on the recommendation of a Selection Committee in the manner hereinafter provided, {the Section Committee shall meet as often as necessary.}4 (2) The appointment of every such teacher, Director and Principal not being an appointment under sub-section (3), shall in the first instance be on probation for one year which may be extended for a period not exceeding one year: Provided that no order of termination of service during or on the expiry of the period of probation shall be passed- [Provided further that no such order of termination shall be passed except after notice to the teacher concerned giving him on opportunity of explanation in respect of the grounds on which his services are proposed to be terminated: Provided also that if a notice is given before the expiry of the period of probation or the extended period of probation, as the case may be, the period of probation shall stand extended until the final order of the Executive Council under clause (a) of the first proviso or, as the case may be, until the approval of the Vice-Chancellor under section 35 is communicated to the teacher concerned --]2 (a) in the case of a teacher of the University, except by order of the Executive Council made after considering the report of the Vice-Chancellor and (unless the teacher is himself the Head of the Department), the Head of the Department concerned; (b) in the case of Principal of an affiliated or associated college, except by order of the Management; and (c) in the case of any other teacher of an affiliated or associated college, except by order of the Management made after considering the report of the Principal and (unless such teacher is the senior-most teacher of the subject), also of the senior- most teacher of the subject. (3) (a) In the case of teacher of the University other than a Professor, the Vice-Chancellor in consultation with the Dean of the Faculty and the Head of the Department concerned and an expert nominated by the Chancellor in that behalf and in the case of a teacher of an affiliated or associated college, the Management in consultation with an expert nominated by the Vice-Chancellor in that behalf may make officiating appointment in a vacancy caused by the grant of leave to an incumbent for a period not exceeding ten months without reference to the Selection Committee, but shall not fill any other vacancy or post likely to last for more than six months without such reference. [(b) Where before or after the commencement of this Act, any teacher is appointed (after reference to a Selection Committee) to a temporary post likely to last for more than six months and such post is subsequently converted into a permanent post, or to a permanent post; in a vacancy caused by the grant of leave to an incumbent for a period exceeding ten months and such post subsequently becomes permanently vacant or any post of same cadre and grade is newly created or falls vacant in the same department, then unless the Executive Councilor the Management, as the case may be, decided to terminate his services after giving an opportunity to show cause, it may appoint such teacher in a substantive capacity to that post without reference to the Selection Committee: Provided that this clause shall not apply unless the teacher Concerned holds the prescribed qualifications for the post at the time of such substantive appointment, and he has served continuously for a period of not less than one year after his appointment made after reference to a Selection Committee: Provided further that appointment in a substantive capacity under this clause of a teacher who had served, before such appointment, continuously for a period or less than two years shall be on probation for one year which may be extended for a period not exceeding one year and the provisions of sub-section (2) shall apply accordingly;]1 {(c) Any teacher of the University who was appointed as lecturer on or before June, 30,1991 without reference to the Selection Committee by way of a short term arrangement in accordance with the provisions for the time being in force for such appointment, may be given substantive appointment by the Executive Council, if any substantive vacancy of the same cadre and grade in the same department is available on November 22, 1991 if such teacher- - (i) is serving as such on November 22, 1991 continuously since such initial appointment by way of short term arrangement; (ii) possessed on November 22, 1991the qualification required for regular appointment to the post under the provisions of the relevant Statutes in force on the date of the initial appointment; (iii) has been found suitable for regular appointment by the Executive council. A teacher appointed by way of short term arrangement as aforesaid who does not get a substantive appointment under this clause shall cease to hold such post on such date as the Executive Council may specify.}3 (4) (a) The Selection Committee for the appointment of a teacher of the University (other than the Director of an Institute and. the Principal of a constituent college), shall consist of- (i) the Vice-Chancellor, who shall be the Chairman thereof; (ii) the Head of the Department concerned : Provided that the Head of the Department shall not sit in the Selection Committee, when he is himself a candidate for appointment or when the post concerned is of a higher rank than his substantive post and in that event his office. shall be filled by the Professor in the Department and if there is no Professor by the Dean of the Faculty: [Provided further that where the Chancellor is satisfied that in the special circumstances of the cage, a Selection Committee cannot be constituted in accordance with the proviso preceding he may direct the constitution of the Selection Committee in-such manner a he thinks fit;]1 (iii) in the case of a Professor or Reader, three experts, and in any other case, two experts to be nominated by the Chancellor ; (iv) in the case of appointment of teachers in a department of a constituent medical college upgraded under any scheme sanctioned by the Central Government, one nominee each of the Central Government and the State Government; : (v) in the case of appointment of teachers of an Institute or constituent college, the Director of the Institute or the Principal of the constituent college, as the case may be. (b) The Selection Committee for the appointment of the Director of an Institute or the Principal of a constituent college shall consist of-- (i) the Vice-Chancellor, who shall be the Chairman thereof; (ii) two experts to be nominated by the Chancellor. (c) [* * *]3 (d) [* * *]3 [(e) (i) Selection Committee for the appointment of Lectures in affiliated or associated College (other than a college maintained exclusively by the State Government or by a Local Authority) shall consist of— (1) Chairperson of the Governing Body of the College or his/her nominee shall be the Chairperson of the Selection Committee ; (2) the principal of the concerned College; (3) one senior teacher/head of the Department (of the subject concerned) having at least ten years experience as lecturer; (4) two nominees of the Vice-Chancellor of the affiliating University of whom one should be subject expert; (5) two members one of whom is subject expert not of the college to be nominated by the Chairperson of the Governing body of the college concerned out of a panel of names approved by the Vice-Chancellor : Provided that for the meeting of the selection committee presence of five members shall be deemed quorum and the presence of at least two members out of the three subject experts shall be compulsory; (ii) Selection committee for the appointment of Principal in affiliated or associated college (other than a college maintained exclusively by the State Government or by a Local authority) shall consist of— (1) Chairperson of the Governing board as Chairperson; (2) one member of the Governing body shall be nominated by the Chairperson; (3) two Vice-Chancellor’s nominees, out of whom one should be an expert; (4) three experts nominated by the Governing body of the college out of the panel approved by the Vice-Chancellor which is principal of the college, a professor of the University and renowned educationist not below the rank of a professor: Provided that at least four members, including two subject experts, shall constitute the quorum.]1 (5) (a) A panel of six or more experts in each subject of study shall be drawn up by the Chancellor after consulting the corresponding faculty in Indian. Universities or such academic bodies or research institutions in or outside Uttar Pradesh as the Chancellor may Consider necessary, Every expert to be nominated by the Chancellor under sub-section (4) shall be a person whose name is borne on such panel. (b) The Board of each Faculty shall maintain a standing panel of sixteen or more experts in each subject of study, and every expert to be nominated by the Vice-Chancellor under sub-section (4) shall be a person whose name is borne on the panel. (c) A panel referred to in clause (a) or clause (b) shall be revised after every three years. [(d) The Chancellor or the Vice-Chancellor, as the case may be, may intimate in a specified order, a larger number of names of experts than required under sub-section (4) for serving as his nominees on the Selection Committee. In such case, on any person whose name appears higher in the specified order not being available for a meeting of the Selection Committee, a person whose name appears nearest lower in the specified order shall be requested to serve on the Committee.]1 Explanation I-- For the purposes of this sub-section, a branch of subject in which a separate course of study is prescribed for a Post-Graduate degree or for Part I or Part II thereof shall be deemed to be a separate subject of study. Explanation II-- Where the post of teacher to be selected is common to more than one subject of study, the expert may belong to either of such subjects of study. (6) No recommendation made by a Selection Committee referred to in sub-section (4), shall be considered to be valid unless one of the experts had agreed to such selection. (7) Subject to the provisions of sub-section (6), the majority of the total membership of any Selection Committee shall form the quorum of such Committee. {Provided that in the case of a Professor or a Reader, the persons present to form the quorum must include atleast two experts.}4 [(7-A) It shall be open to the Selection Committee to recommend one or more but not more than three names for each post.]2 (8) (a) In the case of appointment of a teacher of the University, if the Executive Council does not agree with the recommendation made by the Selection Committee, the Executive Council shall refer the matter to the Chancellor along with the reasons of such disagreement, and his decision shall be final. [Provided that if the Executive Council does not take a decision on the recommendations of the Selection Committee within a period of four months from the date of the meeting of such Committee, then also the matter shall stand referred to the Chancellor, and his decision shall be final.]3 {(aa) Where the failure of the Executive Council to take a decision within the period specified in the proviso to clause (a) is not attributable to any fault of the Executive Council, the Chancellor may require the Executive Council to take a decision within such time as the Chancellor may, from time to time, allow and may direct the Vice-Chancellor to call a meeting of the Executive council for the purpose: Provided that --- (i) if the Executive Council does not agree with the recommendations made by the Selection Committee, the Executive Council shall refer the matter to the Chancellor alongwith the reasons of such disagreement and his decision shall be final; (ii) if the Executive Council does not take a decision within the time allowed by the Chancellor, the Chancellor shall decide the matter and his decision shall be final;}5 (b) In the case of appointment of a teacher of an affiliated or associated college, if the Management does not agree with the recommendation made by the Selection Committee, the Management shall refer the matter to the Vice-Chancellor along with the reasons of such disagreement, and his decision shall be final : Provided that in the case of appointment of a teacher of an affiliated or associated college, established and administered by a minority referred to in clause (1) of Article 3o of ‘the Constitution of India’, if the Management does not agree with the recommendation made by a Selection Committee, the-Management shall have the right to appoint another Selection Committee and the decision of that Committee shall be final: (9) The disqualification of members of Selection Committee for appointment of teachers of the University and the Principals and other teachers of such affiliated or associated colleges on the ground of interest for participating in the deliberations of such Committees and other matters relating to appointment of such Principals and teachers shall be prescribed by the Statutes. (10) No selection for any appointment under this section shall be made except after advertisement of the vacancy in at least three issues of two newspapers having adequate circulation in Uttar Pradesh. [(11) (a) No teacher recommended by the Selection Committee shall be appointed by the Management of an affiliated or associated college (other then a college maintained exclusively by the State Government) unless prior approval of the Vice-Chancellor has been obtained; (b) The Management shall as soon as possible, after the meeting of the Selection Committee submit the recommendation of the Committee along with otter relevant documents to the Vice-Chancellor for approval; (c) The Vice-Chancellor, if he is satisfied that the candidate recommended by the Selection Committee does not possess the minimum qualifications or experience prescribed, or that the procedure laid down in the Act for the selection of the teacher has not been followed shall convey to the Management his disapproval: Provided that if the Vice-Chancellor docs not convey hill disapproval within a period of one month from the date of receipt of the documents referred to in clause (b), or does not send to the Management any intimation in connection herewith, he shall be deemed to have approved of the proposal. (12) Notwithstanding anything contained in this section, the Executive Council, with the prior approval of the Chancellor, or the Management with the prior approval of the Vice-Chancellor, may appoint on deputation on the post of a teacher any Government servant who possesses (he qualifications prescribed for the post. (13) The Principal of the King George's Medical College, Lucknow shall be appointed on the recommendation of the Selection Committee constituted under clause (b) of sub-section (4) from amongst the Professors of the said College, and the provisions of sub-section (10) shall not apply in relation to such selection.]1