HC quashes PDKV’s change in teachers’ promotion criteria in Nagpur

Nagpur: Quashing Dr Panjabrao Deshmukh Krishi Vidyapeeth’s (PDKV) decision to change teachers’ promotion criteria from merit-cum-seniority to seniority-cum-merit, the Nagpur bench of Bombay high court on Thursday directed the university to make appointments as per earlier rules.
While cancelling promotion of many teachers who were promoted to associate professor’s post by applying the new criteria of seniority-cum-merit, a division bench comprising Justice Atul Chandurkar and Justice Vinay Joshi allowed all five petitioners’ prayers.
“Since it has been observed that the manner in which respondents were promoted as associate professor is not as per law, we’ve no hesitation in setting aside the promotion of the respondent-teachers in agricultural botany, agronomy, agriculture economics,” the bench held, while disposing of pleas by petitioners — Amrapali Akhare, Manish Deshmukh, Vanita Khobarkar, Sanjay Kakade and Shivaji Nagpure.
On the fate of other professors who too were promoted after following the new criteria, but were not made respondents in any of the petitions, the judges clarified that it was up to the university to take appropriate steps as per law.
On November 16, 2017, the university had issued a notification inviting proposals from eligible candidates for effecting promotions to associate professor’s post. On January 25, 2018, PDKV vice-chancellor issued orders granting temporary promotion to assistant professors bringing them to associate level for 11 months.
The university convened a meeting of its academic council on January 3, 2019, where issue of finalizing modalities for promotions came up for discussion. A resolution was passed which permitted to make modifications in the way selection committee would discharge its functions.
Quoting a letter of higher education director, it was decided that for effecting promotions, seniority of candidates and minimal educational qualifications along with academic performance index (API) points and confidential reports should be taken into the consideration.
The resolution was passed and forwarded to executive council which also cleared it without any change on January 7, 2019. Subsequently, on the recommendations of the selection board, which named the respondent-teachers as per new criteria, the VC issued promotion orders. This and the executive council decision was challenged by the petitioners.
All five petitioners through counsels Ashutosh Dharmadhikari, Bhanudas Kulkarni and Mohan Sudame contended that though their API score was better than the respondents, they were declared ineligible due to the change in criteria of merit-cum-seniority.
“As the executive council’s resolution has the effect of amending the relevant statues, and the exercise was done without complying with the procedure, the criteria adopted by the selection committee based on it is faulty,” the HC held while allowing all petitions.