2025:UHC:6148-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB 504/2021 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Harendra Belwal, Advocate, for the petitioner. Mr. Subhang Dobhal, Advocate, for the respondents. (2) Petitioner was initially appointed as Assistant Librarian in GB Pant University of Agriculture and Technology in the year 1996. She was subsequently promoted as Deputy Librarian in the year 2007. According to her, the selection committee met on 20.12.2014 for considering her claim for promotion under Career Advancement Scheme to the post of Librarian. However, result of the said selection has not been opened. By means of this writ petition, petitioner has sought the following reliefs: “i) To declare office letter no. पीएमए / एआरआर / 2018/2879, dated 18.12.2018, issued by respondent university, as arbitrary, unconstitutional and illegal (Annexure No. 22 to this writ petition). ii) Issue a writ order or direction in the nature of mandamus commanding the respondent university to open the envelope & declare the result for interview of Deputy Librarian, which was held on 20.12.2014 and also recommended by University Library vide letter no. UL/400 dated 23.10.2020 (Annexure No. 16 to this writ petition). iii) Issue a writ order or direction in the nature of mandamus commanding the respondent university to promote the petitioner on the post Professor/Librarian having its pay 2025:UHC:6148-DB scale Rs. 37400-67000+ 10000 AGP from the date it became dues w.e.f. 24.10.2011 with all Consequential benefits applicable in Career Advancement Scheme.” (3) Letter dated 18.12.2018, impugned in prayer no. 1, is a communication made to the petitioner by Chief Personnel Officer of the University, whereby petitioner was informed that since there is no provision for Career Advancement Scheme under the UGC Regulations, 2010, therefore, the Board of Management of the University has decided not to open the sealed envelope, in which result of the selection has been kept. (4) Learned Counsel for the University submits that as per UGC Regulations, the post of Librarian is to be filled by open recruitment only and there is no provision for promotion under Career Advancement Scheme. He refers to Annexure-2 to the supplementary counter affidavit, which is a communication received from Under Secretary, UGC, in which UGC has clarified that there is no promotional avenue available to Deputy Librarian and the post of Librarian is to be filled by open recruitment only. (5) Learned Counsel for the petitioner, however, relies upon Appendix- III: Table-IX of UGC Regulations, notified on 18.9.2010, for contending that Deputy Librarians are entitled to promotion as Librarian (Stage-5). However, perusal of the said Appendix reveals that a Deputy Librarian has to fulfil certain conditions regarding minimum API Scores, Publications, etc. It is not known as to 2025:UHC:6148-DB whether petitioner fulfils the eligibility conditions as mentioned in the fourth column of Appendix-III: Table-IX of UGC Regulations, notified on 18.9.2010. (6) In the absence of any clarity regarding the eligibility of petitioner for promotion to the post of Librarian, we dispose of the writ petition by directing the competent authority in GB Pant University of Agriculture and Technology to revisit the issue and examine as to whether petitioner is eligible for promotion as Librarian, under Career Advancement Scheme, in the light of UGC Regulations issued from time to time. We hope and expect that this exercise shall be completed within six months from the date of production of certified copy of this order. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 15.07.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aea b198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052D F6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.07.16 12:59:20 +05'30' 2025:UHC:6148-DB