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Wednesday, October 21, 2020

Punjab and Haryana HC stays appointment of chairperson of UBS by PU

Professor Sharma approached the high court seeking to quash the order of PU which designated a CAS promoted professor as the chairperson of the UBS.

Written by Jagpreet Singh Sandhu | Chandigarh | September 18, 2020 8:00:47 am
PU University Business School, Panjab University University Business School, PU University Business School chairman, India news, Indian ExpressThe division bench of Chief Justice Ravi Shankar Jha and Justice Arun Palli, has meanwhile issued notice to PU over a petition filed by UIAMS Professor Sanjeev Kumar Sharma for December 9.

THE PUNJAB and Haryana High Court on Thursday stayed the order of Panjab University (PU) Chandigarh which appointed Dr B B Goyal as chairperson of the University Business School (UBS), PU.

The division bench of Chief Justice Ravi Shankar Jha and Justice Arun Palli, has meanwhile issued notice to PU over a petition filed by UIAMS Professor Sanjeev Kumar Sharma for December 9.

Professor Sharma approached the high court seeking to quash the order of PU which designated a CAS promoted professor as the chairperson of the UBS.

Sharma’s counsel advocate R Kartikeya submitted before the HC that in 1992, Sharma joined as a lecturer the Department of Commerce and Business Management, now renamed as UBS, and Sharma was appointed as professor at UBS in open selection in 2010. In 2011, he was confirmed by the Senate as a professor against the substantive post in UBS. While B B Goyal was promoted as professor under the ‘Career Advancement Scheme’ (CAS) wherein it was resolved that Goyal would be granted retrospective seniority with effect from January 1, 2009. Then in 2015, Dr Deepak Kapur approached the HC, challenging the action of university in granting retrospective seniority on the basis of CAS. The HC, for which directed that ‘in future the promotion order from retrospective date of any of the private respondents will not be given effect to for consideration of the cases for designation as head of the department’.

Later on June 23, since Dr Kapur’s term came to an end, Sharma (petitioner) represented seeking designation as chairperson. However, rather than adhering to the mandate of law as settled by HC, B B Goyal who has promoted under CAS, was designated by PU as chairperson for UBS, argued advocate Kartikeya.

Sharma thus in July filed a plea in HC against the order of PU, which was disposed of with direction to consider the representation of Sharma. However, in August, Sharma’s representation was still rejected, following which he has approached the HC again.

The HC bench held that “…in view of the existing interim order dated 12.7.2016, passed in CWP No. 14639 of 2015, whereby it was directed that in future the promotion order from retrospective date of any of the private respondents will not be given effect to for consideration of the cases for designation as Head of the Department, operation of the impugned order dated 23.6.2020 (Annexure P-13) shall remain stayed…”

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