(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 1[ * * * ] 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 b2[ 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 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[ 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 35 is communicated to the teacher concerned.] (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. 4[ (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 Council or 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.] 5[ (c) Any teacher of the University who was appointed as 6[ Assistant Professor or part time Assistant Professor] on or before December 31, 1997 without reference to the Selection Committee by way of a short term or part time 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 if such teacher (i) is serving as such on December 31, 1997 continuously since such initial appointment by way of short term arrangement ; (ii) possesses the qualifications required for regular appoint-ment to the post under the provisions of the relevant Statutes in force on the date of the substantive appointment ; (iii) has been found suitable for regular appointment by the Executive Council. A teacher appointed by way of short term/part time 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.] (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 ; 7[ (i-a) the Dean of the faculty, wherever applicable ; ] (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 officer shall be filled by the Professor in the Department and if there is no Professor by the Dean of the Faculty ; 8[ Provided further that where the Chancellor is satisfied that in the special circumstances of the case, a Selection Committee cannot be constituted in accordance with the proviso preceding he may direct the constitution of the Selection Committee in such manner as he thinks fit]; (iii) in the case of a Professor or 9[ Associate Professor], three experts, and in any other case, two experts to be nominated by the Chancellor ; 10[ (iii-a) academicians one each belonging to the Scheduled Castes or the Scheduled Tribes and Other Backward Classes of Citizens to be nominated by the Vice-Chancellor, if any of the above members of the selection committee does not belong to the respective category] ; (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. 11[ (c) The Selection Committee for the appointment of the Principal of an affiliated or associated college including a self-financing private college (other than a college maintained 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) two members of the Management to be nominated by the Head of the Management of whom one shall be an expert in academic administration ; (iii) one nominee of the Vice-Chancellor who shall be a Higher Education expert ; Provided that in the case of college established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India, the expert shall be nominated by the Management from out of a panel of three experts suggested by the Management and approved by the Vice-Chancellor ; (iv) three experts consisting of the Principal of a college, a Professor and an accomplished educationist not below the rank of a Professor to be nominated by the Management out of a panel of six experts approved by the Executive Council ; Provided that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India, the experts shall be nominated by the Management out of a panel of six experts suggested by the Managemnt and approved by the Executive Council ; (v) academician one each belonging to the Scheduled Castes or the Scheduled Tribes and Other Backwared Classes of Citizens ot be nominated by the Vice-Chancellor, if any of candidates reparesenting theses categories is the applicant, and any of the above members of the selection committee does not belong to respective category. Provided that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India this sub-clause shall not apply. (d) The Selection Committee for the appointment of other teacher of an affiliated or associated college (other than a college maintained exclusively by the State Government 12[ x x x] shall consist of (i) the Head of the Management or a member of the Management nominated by him, who shall be the Chairman ; 13 (ii) the Principal of the college ; (iii) the Head of the Department of the concerned subject, if applicable ; (iv) two nominees of the Vice-Chancellor of whom one should be a subject expert ; Provided that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India this sub-cllause shall not apply. (v) two subject experts not related to the college to be nominated by the Head of the Management out of a panel of five names recommended by the Vice-Chancellor from the list of the subject experts approved by the Executive Council ; Provided that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India the experts shall be nominated by the Management from out of a panel of five experts suggested by the Management and approved by the Executive Council. 14[ (e) the Selection Committee for the post of a Librarian, a Deputy Librarian and an Assistant Librarian shall be the same as that of a Professor, Associate Professor and Assistant Professor respectively, except that the concerned expert in Library, or a practicing Librarian, as the case may be, shall be associated with the Selection Committee as one of the subject experts.] (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 India 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. 15[ (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.] 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 IIWhere 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. 16[ Provided that in the case of a Professor or a 17[ Associate Professors] the persons present to form the quorum must include atleast two experts. ] 18[ (7-A) It shall be open to the Selection Committee to recommend one or more but not more than three names for each post.] 19[ (7-B) All the selection procedures of the Selection Committee shall be completed on the day of the Selection Committee meeting itself, wherein, minutes are recorded alongwith the scoring preforms and recommendations made on the basis of merit with the list of selected and waitlisted candidates/Panel of names in order of merit, duly signed by all members of the Selection Committee.] (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. 20[ 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.] 21[ (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.] (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 30 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 22[ India]. 23[ (11) (a) No teacher recommended by the Selection Committee shall be appointed by the Management of an affiliated or associated college (other than a college maintained) 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 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 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 does not convey his dis-approval 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. (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 the qualifications prescribed for the post. 24[ x x x ]
<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(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 <sup><b>1</b></sup>[ * * * ] 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 <sup><b>b2</b></sup>[ The Selection Committee shall meet as often as necessary]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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 ;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>Provided that no order of termination of service during or on the expiry of the period of probation shall be passed <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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 ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (b) in the case of Principal of an affiliated or associated college, except by order of the Management ; and<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>3</b></sup>[ 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 ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>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.] <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>4</b></sup>[ (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 Council or 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 ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>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 ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>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.] <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>5</b></sup>[ (c) Any teacher of the University who was appointed as <sup><b>6</b></sup>[ Assistant Professor or part time Assistant Professor] on or before December 31, 1997 without reference to the Selection Committee by way of a short term or part time 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 if such teacher<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (i) is serving as such on December 31, 1997 continuously since such initial appointment by way of short term arrangement ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (ii) possesses the qualifications required for regular appoint-ment to the post under the provisions of the relevant Statutes in force on the date of the substantive appointment ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (iii) has been found suitable for regular appointment by the Executive Council. <br> A teacher appointed by way of short term/part time 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.] <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (i) the Vice-Chancellor, who shall be the Chairman thereof ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>7</b></sup>[ (i-a) the Dean of the faculty, wherever applicable ; ]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (ii) the Head of the Department concerned ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>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 officer shall be filled by the Professor in the Department and if there is no Professor by the Dean of the Faculty ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>8</b></sup>[ Provided further that where the Chancellor is satisfied that in the special circumstances of the case, a Selection Committee cannot be constituted in accordance with the proviso preceding he may direct the constitution of the Selection Committee in such manner as he thinks fit]; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (iii) in the case of a Professor or <sup><b>9</b></sup>[ Associate Professor], three experts, and in any other case, two experts to be nominated by the Chancellor ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>10</b></sup>[ (iii-a) academicians one each belonging to the Scheduled Castes or the Scheduled Tribes and Other Backward Classes of Citizens to be nominated by the Vice-Chancellor, if any of the above members of the selection committee does not belong to the respective category] ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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 ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (b) The Selection Committee for the appointment of the Director of an Institute or the Principal of a constituent college shall consist of<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (i) the Vice-Chancellor, who shall be the Chairman thereof ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (ii) two experts to be nominated by the Chancellor. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>11</b></sup>[ (c) The Selection Committee for the appointment of the Principal of an affiliated or associated college including a self-financing private college (other than a college maintained exclusively by the State Government) shall consist of, <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (i) the Head of the Management or a member of the Management nominated by him who shall be the Chairman ;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (ii) two members of the Management to be nominated by the Head of the Management of whom one shall be an expert in academic administration ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (iii) one nominee of the Vice-Chancellor who shall be a Higher Education expert ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>Provided that in the case of college established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India, the expert shall be nominated by the Management from out of a panel of three experts suggested by the Management and approved by the Vice-Chancellor ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (iv) three experts consisting of the Principal of a college, a Professor and an accomplished educationist not below the rank of a Professor to be nominated by the Management out of a panel of six experts approved by the Executive Council ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> Provided that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India, the experts shall be nominated by the Management out of a panel of six experts suggested by the Managemnt and approved by the Executive Council ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (v) academician one each belonging to the Scheduled Castes or the Scheduled Tribes and Other Backwared Classes of Citizens ot be nominated by the Vice-Chancellor, if any of candidates reparesenting theses categories is the applicant, and any of the above members of the selection committee does not belong to respective category. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> Provided that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India this sub-clause shall not apply. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (d) The Selection Committee for the appointment of other teacher of an affiliated or associated college (other than a college maintained exclusively by the State Government <sup><b>12</b></sup>[ x x x] shall consist of <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (i) the Head of the Management or a member of the Management nominated by him, who shall be the Chairman ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> <sup><b>13</b></sup> (ii) the Principal of the college ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (iii) the Head of the Department of the concerned subject, if applicable ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (iv) two nominees of the Vice-Chancellor of whom one should be a subject expert ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> Provided that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India this sub-cllause shall not apply. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (v) two subject experts not related to the college to be nominated by the Head of the Management out of a panel of five names recommended by the Vice-Chancellor from the list of the subject experts approved by the Executive Council ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> Provided that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India the experts shall be nominated by the Management from out of a panel of five experts suggested by the Management and approved by the Executive Council. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> <sup><b>14</b></sup>[ (e) the Selection Committee for the post of a Librarian, a Deputy Librarian and an Assistant Librarian shall be the same as that of a Professor, Associate Professor and Assistant Professor respectively, except that the concerned expert in Library, or a practicing Librarian, as the case may be, shall be associated with the Selection Committee as one of the subject experts.] <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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 India 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. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (c) A panel referred to in clause (a) or clause (b) shall be revised after every three years. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>15</b></sup>[ (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.] <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> <b>Explanation I--</b>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. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> <b>Explanation II</b>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. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>16</b></sup>[ Provided that in the case of a Professor or a <sup><b>17</b></sup>[ Associate Professors] the persons present to form the quorum must include atleast two experts. ]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>18</b></sup>[ (7-A) It shall be open to the Selection Committee to recommend one or more but not more than three names for each post.] <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>19</b></sup>[ (7-B) All the selection procedures of the Selection Committee shall be completed on the day of the Selection Committee meeting itself, wherein, minutes are recorded alongwith the scoring preforms and recommendations made on the basis of merit with the list of selected and waitlisted candidates/Panel of names in order of merit, duly signed by all members of the Selection Committee.] <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>20</b></sup>[ 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.]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>21</b></sup>[ (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 ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>Provided that<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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 ;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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.]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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 ;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>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 30 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. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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 <sup><b>22</b></sup>[ India]. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>23</b></sup>[ (11) (a) No teacher recommended by the Selection Committee shall be appointed by the Management of an affiliated or associated college (other than a college maintained) unless prior approval of the Vice-Chancellor has been obtained. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (b) The Management shall, as soon as possible, after the meeting of the Selection Committee, submit the recommendation of the Committee, along with other relevant documents to the Vice-Chancellor for approval. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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 ; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>Provided that if the Vice-Chancellor does not convey his dis-approval 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. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> (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 the qualifications prescribed for the post. <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup><b>24</b></sup>[ x x x ] <br> <br>