The Hindu : HC upholds OUTA contention

Online edition of India's National Newspaper
Saturday, Aug 10, 2002

Southern States

Southern States - Andhra Pradesh-Hyderabad

HC upholds OUTA contention

By Our Legal Correspondent

HYDERABAD AUG. 9. <145,H>A division bench of the A.P. High Court, comprising the judges -- B. Sudershan Reddy and V. Eswariah -- declared Section 43-A of the A.P. Universities Act unconstitutional thus upholding the contention of the Osmania University Teachers' Association (OUTA) regarding the career advancement scheme.

The Bench was allowing writ petitions filed by the OUTA and others complaining that the structure of selection committees to effect promotions to various posts under career advancement scheme was changed by this new section and it is illegal.

The norms and constitution of the selection committees was specifically challenged. By virtue of Section 43-A, instead of two subject experts in the committee, two would suffice. The principal and the commissioner of collegiate education have got place in the selection process and the requirement of approval by the Executive Council was done away with by this section.

The Bench declared that this section is beyond legislative competence and contrary to the guidelines of the University Grants Commission (UGC). By this judgment all the selections made by these selection committees are also nullified. New selection committees are to be formed to effect promotions to posts of professor, Assistant Professor etc within three months.

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