Appointment of Teachers

§32

Summary

(1) Subject to the provisions of this Adhiniyam, the teachers of the University and the teachers of an affiliated college, other than a college maintained exclusively by the State Government, shall be appointed by the Executive Council or the Management of the affiliated college on the recommendation of a Selection Committee in the manner hereinafter provided. The selection committee shall meet as often as necessary. (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- (a) In the case of a teacher of the University, except by order of the Executive Council made after considering the report 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 college except by order of the Management; and (c) In the case of any other teacher of an affiliated 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; Provided further that no such order of termination shall be passed except after notice to the teacher concerned giving him an 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 37 is communicated to the teacher concerned. (3) (a) In case of a teacher of the University other than a Professor, the ViceChancellor, 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 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 Adhiniyam, 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 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 Council or the Management, as the case may be, decides to terminate his services after giving an opportunity to show cause, it may appoint such teacher in a substantive capacity to that fast without reference to a Selection Committee : Provided that this clause shall no 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 of less than two years, shall be on a 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. (4) (a) The selection Committee for the appointment of a teacher of the University other than the Director of an Institute or the Principal of a consultant college shall consist of ---- (i) the Vice-Chancellor who shall be the Chairman thereof; (ii) the head of Department Concerned: Provided that the Head of 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 case a selection committee can not be constituted in accordance with the preceding proviso, he may direct the constitution of the Selection Committee in such manner as he thinks fit. (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 teacher of an institute of 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 there of: (ii) two experts to be nominated by the Chancellor. (c) The Selection Committee for the appointment of the Principal of an affiliated college other than a college nominated exclusively by the State Government shall consist of- (i) the Head of the Management or a member of the management nominated by him who shall be chairman; (ii) one of the Deans of Professors of those faculties which comprise subjects taught in the college, to be nominated by the Vice-Chancellor; (iii) one member of the Management nominated by the Management and; (iv) two experts to be nominated by the Vice-Chancellor: Provided that in the case of appointment of the Principal of an affiliated College, the Dean of Faculty shall not sit in the Selection Committee, if he is himself a teacher of that college: Provided further that in the case of Colleges established and administered by a minority referred to in clause (i) of Article 30 of the Constitution the experts shall be nominated by the Management from out of panel of five experts by the Management suggested and approved by the Vice-Chancellor: Provided also that in the case of Colleges referred to in the preceding proviso, the Dean or Professor who shall be the member of the Selection Committee under subclause (ii) shall also be nominated by the Management from out a panel of five Deans or Professors suggested by the Management and approval by the Vice-Chancellor, and if the requisite member of such Deans or Professors is not so available, the panel may include the names of Principals of affiliated colleges. (d) The Selection Committee of other Teachers of a affiliated college, other than a college nominated exclusively by the State Government shall consist of- (i) the head of the Management or a member of the Management nominated by him who shall be the chairman; (ii) the Principal of the College and another teacher of the college nominated by the Principal; (iii) two experts to be nominated by the Vice-Chancellor: Provided that in the case of a college where there is no Principal or other Teacher available for being a member of the selection Committee under sub-clause (ii) the remaining members referred to in this clause shall constitute such Selection Committee: Provided further that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of Constitution the experts shall be nominated by the Management from out of a panel of five experts suggested by the Management and approval by the Vice-Chancellor. (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 out side 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 nominate by the ViceChancellor 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. Explanation I- For the purposes of this sub-section, a branch of subject in which a separate course of study is prescribed for a postgraduate 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. (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. (6) No recommendation made by a Selection Committee referred to in subsection (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 at least two experts. (8) It shall be open to the Selection Committee to recommend one or more but not more than three names for each post. (9) (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 alongwith the reasons of such disagreement, and his decision shall be final: Provided that if the Executive Council does not make a decision on the recommendations of the Selection Committee within a period of four months from the date of meeting of such Committee, then also the matter shall stand referred to the Chancellor, and his decision shall be final. (b) 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 ViceChancellor 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 along with 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. (c) In the case of appointment of a teacher of an affiliated college, if the Management does not agree with recommendation made by 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 college, established and administered by a minority referred to in clause (1) of Article 30 of the Constitution, 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 the Committee shall be final. (10) The disqualification of members of Selection Committee for appointment of teachers of the University and the Principals and other teachers of such affiliated 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. (11) No selection for any appointment under this selection shall be made except after advertisement of the vacancy in at least three issue of two newspapers having adequate circulation in Uttar Pradesh. (12) (a) No teacher recommended by the Selection Committee shall be appointed by the Management of an affiliated college other 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 recommendations of the Committee, along with other 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 qualification or experience prescribed, or that the procedure laid down in the Adhiniyam for the selection of the teacher has been followed, shall convey to the Management his disapproval: Provided that if the Vice-Chancellor does not convey his 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 therewith, he shall be deemed to have approved of the proposal. (13) 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 the qualifications prescribed for the post.

(1) Subject to the provisions of this Adhiniyam, the teachers of the University and the teachers of an affiliated college, other than a college maintained exclusively by the State Government, shall be appointed by the Executive Council or the Management of the affiliated college on the recommendation of a Selection Committee in the manner hereinafter provided. The selection committee shall meet as often as necessary. (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- (a) In the case of a teacher of the University, except by order of the Executive Council made after considering the report 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 college except by order of the Management; and (c) In the case of any other teacher of an affiliated 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; Provided further that no such order of termination shall be passed except after notice to the teacher concerned giving him an 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 37 is communicated to the teacher concerned. (3) (a) In case of a teacher of the University other than a Professor, the ViceChancellor, 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 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 Adhiniyam, 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 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 Council or the Management, as the case may be, decides to terminate his services after giving an opportunity to show cause, it may appoint such teacher in a substantive capacity to that fast without reference to a Selection Committee : Provided that this clause shall no 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 of less than two years, shall be on a 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. (4) (a) The selection Committee for the appointment of a teacher of the University other than the Director of an Institute or the Principal of a consultant college shall consist of ---- (i) the Vice-Chancellor who shall be the Chairman thereof; (ii) the head of Department Concerned: Provided that the Head of 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 case a selection committee can not be constituted in accordance with the preceding proviso, he may direct the constitution of the Selection Committee in such manner as he thinks fit. (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 teacher of an institute of 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 there of: (ii) two experts to be nominated by the Chancellor. (c) The Selection Committee for the appointment of the Principal of an affiliated college other than a college nominated exclusively by the State Government shall consist of- (i) the Head of the Management or a member of the management nominated by him who shall be chairman; (ii) one of the Deans of Professors of those faculties which comprise subjects taught in the college, to be nominated by the Vice-Chancellor; (iii) one member of the Management nominated by the Management and; (iv) two experts to be nominated by the Vice-Chancellor: Provided that in the case of appointment of the Principal of an affiliated College, the Dean of Faculty shall not sit in the Selection Committee, if he is himself a teacher of that college: Provided further that in the case of Colleges established and administered by a minority referred to in clause (i) of Article 30 of the Constitution the experts shall be nominated by the Management from out of panel of five experts by the Management suggested and approved by the Vice-Chancellor: Provided also that in the case of Colleges referred to in the preceding proviso, the Dean or Professor who shall be the member of the Selection Committee under subclause (ii) shall also be nominated by the Management from out a panel of five Deans or Professors suggested by the Management and approval by the Vice-Chancellor, and if the requisite member of such Deans or Professors is not so available, the panel may include the names of Principals of affiliated colleges. (d) The Selection Committee of other Teachers of a affiliated college, other than a college nominated exclusively by the State Government shall consist of- (i) the head of the Management or a member of the Management nominated by him who shall be the chairman; (ii) the Principal of the College and another teacher of the college nominated by the Principal; (iii) two experts to be nominated by the Vice-Chancellor: Provided that in the case of a college where there is no Principal or other Teacher available for being a member of the selection Committee under sub-clause (ii) the remaining members referred to in this clause shall constitute such Selection Committee: Provided further that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of Constitution the experts shall be nominated by the Management from out of a panel of five experts suggested by the Management and approval by the Vice-Chancellor. (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 out side 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 nominate by the ViceChancellor 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. Explanation I- For the purposes of this sub-section, a branch of subject in which a separate course of study is prescribed for a postgraduate 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. (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. (6) No recommendation made by a Selection Committee referred to in subsection (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 at least two experts. (8) It shall be open to the Selection Committee to recommend one or more but not more than three names for each post. (9) (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 alongwith the reasons of such disagreement, and his decision shall be final: Provided that if the Executive Council does not make a decision on the recommendations of the Selection Committee within a period of four months from the date of meeting of such Committee, then also the matter shall stand referred to the Chancellor, and his decision shall be final. (b) 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 ViceChancellor 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 along with 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. (c) In the case of appointment of a teacher of an affiliated college, if the Management does not agree with recommendation made by 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 college, established and administered by a minority referred to in clause (1) of Article 30 of the Constitution, 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 the Committee shall be final. (10) The disqualification of members of Selection Committee for appointment of teachers of the University and the Principals and other teachers of such affiliated 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. (11) No selection for any appointment under this selection shall be made except after advertisement of the vacancy in at least three issue of two newspapers having adequate circulation in Uttar Pradesh. (12) (a) No teacher recommended by the Selection Committee shall be appointed by the Management of an affiliated college other 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 recommendations of the Committee, along with other 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 qualification or experience prescribed, or that the procedure laid down in the Adhiniyam for the selection of the teacher has been followed, shall convey to the Management his disapproval: Provided that if the Vice-Chancellor does not convey his 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 therewith, he shall be deemed to have approved of the proposal. (13) 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 the qualifications prescribed for the post.

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