Vidhi Codex

section 102

Selection and appointment of university teachers.

The Maharashtra Public Universities Act, 2016
Education2016149 sections16 chapters
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Chapter IX COMMITTEES AND COUNCILS

Statutory text
  1. (1) Subject to the provisions of this Act, Statutes and Ordinances, the Vice-Chancellor shall appoint according to the order of merit and recommendations made by the selection committee, a university teacher.
  2. (2) The selection committee for making recommendations for appointment of university teachers shall consist of the following members :-
    • (a) the Vice-Chancellor or the Pro-Vice-Chancellor upon directions of the Vice-Chancellor - Chairman;
    • (b) one person, not below the rank of professor, nominated by the Chancellor;
    • (c) the Dean of the Faculty concerned as a Member-Secretary;
    • (d) the Head of the university department or a head of the concerned School of multidisciplinary institution, nominated by the Vice-Chancellor;
    • (e) not less than three experts nominated by the Management Council out of a panel of not less than six names of experts not connected with the university recommended by the Academic Council, who have special knowledge of the subject for which the teacher is to be selected;
    • (f) one person not below the rank of Professor or Principal belonging to Scheduled Castes or Scheduled Tribes or De-notified Tribes (Vimukta Jatis) or Nomadic Tribes or Other Backward Classes, nominated by the Chancellor;
    • (g) one principal who is a member of Management Council to be nominated by the Management Council;
    • (h) Director, Higher Education or his nominee not below the rank of Joint Director;
      • (i) Director, Technical Education or his nominee not below the rank of Joint Director: Provided that, a head referred to in clause (d), who is an Associate Professor shall be a member of the selection committee for the selection to the Assistant Professor.
  3. (3) Every post of a university teacher, to be filled by selection, shall be duly and widely advertised, according to the draft approved by the Vice-Chancellor, together with particulars of the minimum and additional qualifications, as prescribed, the emoluments and number of posts to be filled, the number of posts which are reserved for the members of the Scheduled castes or Scheduled Tribes or De-notified Tribes (Vimukta Jatis) or Nomadic Tribes or Other Backward Classes, to be determined by the Vice-Chancellor on the recommendation of the Board of University Department and Inter Disciplinary Studies, and reasonable time, shall be allowed within which the applicants may, in response to the advertisement, submit their applications.
  4. (4) The date of the meeting of every selection committee shall be so fixed as to allow a notice of at least thirty days of such meeting, be in given to each member; and the particulars of each candidate shall be sent to each member of the selection committee so as to reach him at least seven days before the date of meeting: Provided that, for the post of professor, the selection committee may in preference to the candidates who have applied and appeared before it, recommend for appointment, with all the requisite details, the name of any other person who may not have applied or appeared before it, but who is duly qualified and has to his credit exceptionally high academic achievements or proficiency in the specialization or has extraordinary academic contribution, to be recorded in writing.
  5. (5) The quorum to constitute a meeting of every selection committee shall be four members, of whom at least two shall be persons nominated under clause (e) of sub-section (2).
  6. (6) If, on petition by any person directly affected, or suo motu, the Chancellor, after making or having made such inquiries or obtaining or having obtained such explanations, including explanations from the teachers whose appointments are likely to be affected, as may be or may have been necessary, made by any authority or officer of the university at any time was not in accordance with the law at that time in force, the Chancellor, may, by order, notwithstanding anything contained in the contract relating to the conditions of service of such teacher, direct the Vice-Chancellor to terminate his appointment after giving him one month’s notice or one month’s salary in lieu of such notice, and the Vice-Chancellor shall forthwith comply and take steps for a fresh selection to be made. The person whose appointment has been so terminated shall be eligible to apply again for the same post.
  7. (7) Any order made by the Chancellor, under the last preceding sub-section shall be final and a copy of the order shall be served on the teacher concerned by the Vice-Chancellor within three days from its receipts.
  8. (8) It shall be the duty of the Vice-Chancellor, to ensure that no payment whatsoever is made to any person, by way of salary or allowance, from the funds of the university, for any period after the termination of his services, and any authority or officer authorizing or making any such payment shall be liable to reimburse the amount so paid to the university.
  9. (9) The Vice Chancellor shall before proceeding to fill in the vacancies of aided University Teachers in accordance with the prescribed procedure shall ascertain from Director of Higher Education whether there is any suitable person available on the list of surplus aided University teachers as maintained by the Director of Higher Education for absorption in other Universities and in the event of such aided teacher being available, the Vice-chancellor shall appoint that teacher.

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