1.

An Advertisement fulfils the constitutional requirement of giving equal opportunity

to all, who are eligible in the matter of appointment. M.A. in English and M.A. in
Linguistics.
2. HNB Garhwal University does not comply by University Grant Commission, New
Delhi’s notification No. F.1-2/2017 (EC/PS) dated 18/07/2018 under Regulations on
minimum qualifications for appointment of teachers and other academic staff in
universities and colleges and measures for the maintenance of standards in higher
education, 2018 that was related to clause 4.1 of UGC Regulation.

3. UGC also issued a Notice on October 16, 2018 regarding minimum eligibility for
appointment of Assistant Professor/ Associate Professor/ Professor under the direct
requitement, has mentioned the requirement of Allied/ relevant discipline in addition
to concerned subject at PG and PhD level. UGC also requested to all the universities
and colleges to comply with the above regulation, 2018 in letter and spirit. (4.1
UGC Regulation, 2018--- Examples -JNU/BHU/AMU/LU/DU/BPSC/UKPSC

4. The Advertisement HNBGU/Admin. (T)/2019/02 dated 22-08-2019, does not

specify the specialization of Linguistics for any post and there was no specific
requirement of English department. No such discussion arose in the meeting of the
Selection Committee; otherwise, it should have been recorded in the Minutes of the
Selection Committee.
5. In the disputed selection and appointment, the Fundamental Rights to equal
opportunity were denied to two sets of applicants those: (a) who possessed MA/NET
& PhD in English, and those who (b) MA/NET & PhD in Linguistics. There is an
infringement of the Fundamental Right to Equality of Opportunity (under Article
16 of the Constitution of India) guaranteed to the other eligible applicants who
could have applied if Advertisement had shown specialization in Linguistics.

6. In RTI No. HNBGU/R/E/21/00108, Public Information Officer of Hemvati Nandan

Bahuguna Garhwal Central University, Prof. Shakuntala Rauthan, Head of the
department of English supplies the following information. No. 1- The department of
English does not have Linguistic as a discipline/ subject in its courses. No.-2. As the
Department does not have Linguistic, the question of students enrolled automatically
dismisses. No. 3-The department of English, HNB Garhwal university does not have
any extension regarding courses on European and Foreign languages so far: only
literature in English (including translated) is being taught in the department.

7. An Advertisement fulfils the constitutional requirement of giving equal opportunity to

all, who are eligible in the matter of appointment. M.A. in English and M.A. in
Linguistics are two different courses and subjects taught in different
departments/centres in various Central Universities. For example, in B.H.U. Varanasi
we have ‘English’ and ‘Linguistics’ as two separate departments under the faculty of
Arts. The Master’s degree in Linguistics cannot, therefore, be deemed to be a Master’s
degree in English. Arushi was not eligible in the matter of appointment as per the
 requirements of the aforesaid advertisement. She was a single competitor in
Linguistics specialization, enjoying the privilege of back-door entry.

8. The Master degree +NET and Ph. D) in (Linguistic-31), (Chines-32), (French-39),

(Spanish-40), (Russian-41), (German-44), and (Japanees-45) can never be deemed
to be Master degree in (English -30), as per UGC Guideline. As per the UGC
Guidelines English and Linguistic are two different subjects despite that, university
acted arbitrarily and irrationally appointed a person who is not qualified in the said
subject but in another subject, which is Linguistics even not in existence in Respondent
No.1 University’s department, is a violation of Article 14 of the Constitution of
India, as the said appointment suffers from the vice of irrationality, arbitrariness, and
fails the test of rational nexus and intelligible differentia. Respondent No. 02 was the
single competitor in the subject Linguistic.

9. The four External (Expert) Members of the Selection Committee in English who
interviewed the candidates do not belong to the discipline/specialization in
Linguistics. ). Sub-clause (a) iii of Clause 5.1 of UGC Regulation 2018,

10. It is also interesting to note that the deliberate attempt to conceal the Minutes of Meeting
of Selection Committee and two ‘notes of dissents’ one by the Dean concerned school
and another by Head concerned department, from the Executive Council of the
university suggest that the Respondent No. 02’s appointment was illegal. In this virtual
online interview, the meeting of the selection committee was conveyed in an autocratic
and undemocratic function to favour the Respondent No.02.

11. Sub-clause (iii) of Clause 18.2 of The second schedule (Section 27) of THE
CENREAL UNIVERSITY ACT, 2009 clearly says that Two persons not in the service
of the university, nominated by the Executive Council, out of a panel of names
recommended by the Academic Council for their special knowledge of, or interest in
the subject with which the Assistant professor will be concerned. In the case of Arusi
Uniyal, there is a clear violation of Central University Act, 2009 and UGC Regulation,
2018. (NOTE-The Professor to be nominated by the Vice-chancellor shall be a
Professor concerned with the speciality for which the selection is being made and the
Vice-Chancellor shall consult the Head of the Department and the Dean of School
before nominating the Professor. Sub-clause (iii) of Clause 18.2 Central University
Act 2009)

12. This point must be scrutinized by Hon’ble Court that the relevant educational
qualification of respondent No. 02 was hid not only by Respondent No.01 but also
Respondent No.02 before the Selection Committee and Executive Council to favour
the selection of Respondent No. 02. When the petitioner gave his representation to the
Hon’ble Members of Executive Council of (HNBGU) on May 29, 2022, The
respondent No 01, University in its (Minutes of 19th Executive Council Meeting dt.
 03-06-2022) recommended Responded No. 02 for clearance of her probation period
subject to final judgement of the Hon’ble High Court Uttarakhand in concerned Writ
Petition No. 204 of 2021.

13. Three experts in the subject concerned nominated by the Vice Chancellor out of the
panel of names approved by the relevant statutory body of the university concerned.
(5.1 UGC Regulation, 2018)

14. The Central Universities are autonomous institutions governed under the provisions of
their Act and Statutes and Ordinances frame thereunder. The Statutory bodies of the
Central Universities are competent / empowered to deal with various academic matters
from time to time with the approval of their Statutory Bodies. RTI-(F.No.75-
112019(CU)

15. The Hon’ble President of India vide its letter No. F.3-9/97-Desk(U) dated June 11,
2001 has already given the guidelines to all the Vice-Chancellor of the Universities
regarding the “Democratic Governance of the Universities.” In sub-clause (ii) of clause
2 of the letter No. F.3-9/97-Desk(U) the letter reads, “Routine matter likes creation
of teaching of academic posts, appointment to the said posts, finalizing
recruitment process, promotion under merit promotion scheme/ career Advancement
scheme, up gradation of posts making them personal to the incumbents should
invariably be placed before the authorities ordinarily empowered to take decision in
such cases. Emergency powers should not be exercised by the Vice Chancellor in such
cases.”

16. Respondent No. 01 University has already approved (ORDINANCE FOR THE
SCHOOL BOARD (Under clause (2 and 3) of Statute 15) by the Academic Council
held on 12.2.2011 and Executive Council in its 3rd Meeting held on 16th June 2011
regarding the powers of the School Board of Each School has-

17. Subject to the provision to the Act, the Statutes and the Ordinances, the School Board
of each School shall have the following powers, namely– (a) to make recommendations
to the Academic Council regarding- (i) the advancement of the standards of the teaching
in the courses of study and of research in the research degree programmes; (ii) the
institution of new subjects of the study and new courses of study and of revision of
the syllabi and examinations for existing courses of study, suo moto or after consulting
the Boards of Studies concerned; (Sub-clause a (i,ii) of clause 6 ) (ORDINANCE FOR
THE SCHOOL BOARD (Under clause (2 and 3) of Statute 15)

18. The Academic Council shall be the principal academic body of the University and shall,
subject to the provisions of this Act, the Statutes and the Ordinances, coordinate and
exercise general supervision over the academic policies of the University. (Clause 22
(I) of THE CENTRAL UNIVERSITY ACT, 2009 No. 25 of 2009)
19. Subject to the provisions of this Act, the Statutes and the Ordinances, the Academic
Council shall, in addition to other power vested in it have the following powers, namely:
-

a. to exercise general supervision over the academic policies of the University and to
give directions regarding methods of instruction, coordination of teaching among
the Colleges and the Institutions, evaluation of research and improvement of
academic standards:
b. to consider matters of general academic interest either on its own initiative, or on a
reference by a School or the Executive Council, and to take appropriate action
thereon; and
c. to frame such Regulations and rules consistent with the Statutes and the Ordinances
regarding the academic functioning of the University, discipline, residence,
admissions, award of fellowships and studentships, fees, concessions, corporate life
and attendance. (Clause 14 (a,c.d) Central University Act, 2009 Second Schedule
PART II)

20. The Advertisement HNBGU/Admin. (T)/2019/02 dated 22-08-2019 clearly specifies

that respective reservation will be as per Govt. of India lists/rules/norms. The
certificate uploaded should be in the format prescribed by the Union Government
and should be digitally verifiable. Respondent No. 01 University disqualified twenty
(20) applicants who did not submit OBC Non-creamy layer certificate on the format
prescribed by the Union Government and respondent N0. 02 also did not submit her
OBC certificate on the prescribed format but she was allowed to appear in the Interview.

21. In a response to RTI No. DOP&T/R/T/22/01712 dated 23/05/2022, Government of

India, Ministry of Personnel Public Grievances & Pensions, Department of Personnel
& Training has clarified that in consultation with the National Commission for
Backward Classes, Vide Resolution No. 36036/2/2013- Estt.(Res.) dated 30.05.2014,
a revised format of OBC Caste Certificate came into existence. The cumulative
understanding of the facts and evidence show that the appointment and Selection of
Respondent No.2 has been ab initio invalid, unauthorized in terms of Qualification
and Reservation Category.

22. The direct recruitment to the posts of Assistant Professor, Associate Professor and
Professor in the Universities and Colleges, and Senior Professor in the Universities,
shall be on the basis of merit through an all-India advertisement, followed by selection
by a duly-constituted Selection Committee as per the provisions made under these
Regulations. These provisions shall be incorporated in the Statutes/Ordinances of the
university concerned. The composition of such a committee shall be as specified in
these Regulations. (Clause 3.1 UGC, 2018) (Respondent No.2 was the single
competitor in subject “Linguistic “which is neither in the University nor is advertised.
23. No person shall be appointed to the post of University and College teacher, Librarian
or Director of Physical Education and Sports, in any university or in any of institutions
including constituent or affiliated colleges recognised under clause (f) of Section 2 of
the University Grants commission Act, 1956 or in an institution deemed to be a
University under Section 3 of the said Act if such person does not fulfil the requirements
as to the qualifications for the appropriate post as provided in the Schedule 1 of these
Regulations. (Clause 3.12 UGC, 2018)