Promotion under CAS would be effective from the date of eligibility and not from the interview date

On Monday, the Delhi High Court held that a candidate’s promotion would be effective from the date of eligibility and not from the date interview according to CAS or Career Advancement Scheme, which the UGC regulates.

The petitioners sought promotion to Professor’s post from their current Assistant Professor post with effect from the date of eligibility and not from the interview date at the Faculty of Law at Delhi University.

A single-judge Bench of Hon’ble Justice V Kameswar Rao stated that there was prejudice against the petitioners. It ruled that their promotion would be effective from the date of eligibility. The Court also noted that the case was correctly considered under the CAS 2010 and as per the procedure mentioned in sub-clause 6.3.12.

The Bench further noted that petitioners had been assessed fit for promotion, and the promotion should relate to the date of the minimum period of eligibility.

According to the Court, as per sub-clause c, if a candidate does not succeed in the first attempt but succeeded later, the promotion would be effective from the successful assessment. However, there was nothing to suggest that the petitioners were not fit from the date of eligibility in the instant case.

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The Court also rejected the respondent’s contention that the Selection Committee is not liable to provide reasons for its decision as per the National Institute of Mental Health and Neuro Sciences case.

Lastly, the Court set aside the Selection Committee’s proceedings and ruled that petitioners’ promotion would date back to their eligibility.

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