RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR. st (Established by Government o Central Provinces Education Department by Notification No. 513, dated 1 of August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994) (Academic Section) Shri Chatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur -01 Tel No.: 0712- 2532063 Fax No. 0712- 2532841, 2561347 No. Acad./11/ th Dated: 11 February, 2011 To, The Principal/Director, _______________________ _______________________ _______________________ _______________________ Subject:- Election of Six Heads of the Department to Board of Studies (2010-11). Reference:- Objection on Preliminary Electoral Roll. Respected Sir/Madam, With reference to the above objections, please do find here with the necessary correspondence with you or with the person who has taken any objections on the Preliminary Electoral Roll. The hard copy of the following correspondence is already done as per the schedule. The letters of decision taken by the Returning Officer & Registrar are also dispatched as per the details given in the enclosed list as per scheduled. Please find here with copies of letter as decisions on common objections, which were also dispatched to the concerned once as per schedule. Publication of this information on website is an additional facility given over and above the postal communication to all the concerned as per schedule. Thanking you, Encl: 1) Statement of decision on objection. 2) Letter communication the objection & inviting response of the concerned/ affected once. 3) Letter of decision on objection M.B.A./M.C.M. 4) Letter of decision on objection Metallurgical Engineering or Production Engineering 5) Letter of decision on objection Physical Education. 6) Letter of decision on objection Library Science 7) Letter of decision on objection on minor corrections. Yours Faithfully, . Sd/(Dr. Maheshkumar Yenkie) Returning Officer & Registrar, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur Copy to:-The Hon’ble Vice-Chancellor, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur. RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR. st (Established by Government o Central Provinces Education Department by Notification No. 513, dated 1 of August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994) (Academic Section) Shri Chatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur -01 Tel No.: 0712- 2532063 Fax No. 0712- 2532841, 2561347 No. Acad./10/ Dated: February, 2011 To, The Principal/Director, _______________________ _______________________ _______________________ _______________________ Subject:- Election of Six Heads of the Department to Board of Studies (2010-11). Reference:- Objection of Dr./Shri/Smt/Ms/……………………………………………… Lecturer / HOD of your College / Institute to Preliminary Electoral Roll through vide letter No………......dtd ………..….. Respected Sir/Madam, With reference to the above objection, you are requested to submit your reply along with necessary documents to the undersigned earliest by 11 th of February, 2011. In case the reply is not received along with documentary support to the office then the decision on the raised objection will be decided on the basis of information available in the university and as well as information submitted by the aggrieved person / Lecturer / HOD of your College /Institute. Thanking you, Yours Faithfully, Encl: Xerox copy of objection. . Sd/- (Ar. Vilas Ramteke) Asstt.Returning Officer & Deputy Registrar, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur Note:- Please enclose the relevant document showing date of appointment for the calculation of ascertaining the seniority of teacher to be recommended for Head along with necessary approval letter specifying the subject and the course in which approval is given or any other reason of non recommendation such as FIP / suspension / termination / etc. Copy to:-The Hon’ble Vice-Chancellor, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur. RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR. st (Established by Government o Central Provinces Education Department by Notification No. 513, dated 1 of August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994) (Academic Section) Shri Chatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur -01 Tel No.: 0712- 2532063 Fax No. 0712- 2532841, 2561347 No. Acad./10/ Dated: February, 2011 To, The Principal / Director / HOD _______________________ _______________________ Subject:- Board of Studies Election 2010-11 Reference:1. Your Objection to Preliminary Electoral Roll through vide letter No……...........dtd …………………. 2. Objection of Dr./Shri/Smt./Ms………………………………………………….………………………….. Lecturer/HOD of college/institute through vide letter No……....... .........dtd ……………..….. Respected Sir/Madam, 1) As per notification No. N-17 dated 18th December, 2010, Principals of all affiliated colleges through vide letter No. Acad./Elect/2010/BOS/420 dated 20th December, 2010 were directed to recommend the names of the Head of the Department under Section 37(2)(b) of the under graduate departments in various colleges fulfilling the statutory requirement of Statute No. 23 (Table-A), Direction No. 9 K of 2010 and Statute No. 42 of 2010. 2) The names received from your college to be included in the various Board of Studies either in the Faculty of Commerce or Science are basically the names of Head of the Department of exclusively Post Graduate Department like M.B.A./M.C.M. in Commerce Faculty or MC.A. in Science Faculty and more so the teachers are P.G. approved teachers only 3) The statutory representation of P.G teachers in the Board of Studies are provided under Section 37(2)(a) exclusive clause to the P.G. teachers of University Department to be occupied by virtue of Ex-officio membership. In absence of the above provision the proviso clause of 37 (2)(a) provides scope to co-opt the HOD from amongst the affiliated colleges conducting post graduate teaching in that subject in its first meeting after election. Secondly the P.G. teachers representation is also open statutorily under Section 37 (3)(a) by virtue of co-option in the first meeting of Board of Studies after election. 4) Whereas, the Maharashtra University Act, 1994 under Section 37(2)(a) & 37(3)(a) has provided the legal entries of teachers under respective sections either by means of Ex-officio or co-option for P.G. teachers and by election for Section 37(2)(b) for under graduate courses then there can not be any encroachment and infringement of P.G. teachers of post graduate courses on U.G. teachers category by means of including them under the category of Section 37(2)(b) of U.G. teachers of which they never belonged. It is to inform that no such entries were included in all past elections of Board of Studies and the provision of Act, Statute, Direction were rightly read and implemented and accepted as per rule by the University and the stakeholders – teachers. 5) It is very pertinent to observe that the M.U. Act, 1994 or the various Statutes, Ordinance, Directions issued either in terms of election or configuration of any body/committee/board specifically prescribes the word Post Graduate teacher wherever necessary or otherwise prescribe the word the teacher only. And therefore the word approved senior most teachers means the approved teacher for under graduate courses as a matter of higher education at University level. Thus there is no scope of redefining, misinterpretation of the word approved senior most teacher for enlarging the scope of teacher as post graduate teacher unless and otherwise specified. 6) Therefore, the names of senior most approved teachers who are Head of the Department of under graduate course and having their approval of teacher for under graduate will be considered to be included in the list of Board of Studies under Section 37(2)(b) of M.U. Act, 1994. 7) Secondly the names of senior most approved teachers who are Head of the Department of under graduate course as well as post graduate course within the same department of college and having their approval of teacher for under graduate are considered to be included in the list of Board of Studies under Section 37(2)(b) of M.U. Act, 1994. The approval of post graduate teachers of such HOD is only an additional mandatory requirement for the purpose of P.G. teaching whose accruable benefits can be taken by them in terms of recommending their names under Section 37(2)( a) proviso clause and under Section 37(3)(a) by means of co-option by the elected members of BOS under Section 37(2)(b) in their first meeting after election. Thus the legitimate opportunity for appropriate representation is already provided by means of M.U. Act, 1994, Statutes and Direction and therefore need not require to violate the existing law in this regard Therefore, the teachers who are fulfilling the highlighted/bold criteria of para 6 or para 7 will only be included in BOS list. All other names not fulfilling this criteria are cancelled as per the objection raised and the provision of Act. Thanking you, Yours Faithfully, . Sd/(Dr. Maheshkumar Yenkie) Returning Officer & Registrar, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur Copy to :- The Hon’ble Vice-Chancellor, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur. . Sd/(Ar. Vilas Ramteke) Asstt.Returning Officer & Deputy Registrar, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR. (Established by Government o Central Provinces Education Department by Notification No. 513, dated 1st of August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994) (Academic Section) Shri Chatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur -01 Tel No.: 0712- 2532063 Fax No. 0712- 2532841, 2561347 No. Acad./10/ Dated: February, 2011 To, The Principal / Director / HOD _______________________________________________ _______________________________________________ Subject:- Board of Studies Election 2010-11 Reference:-1. Your Objection to Preliminary Electoral Roll through vide letter No……........... dtd …………………. 2. Objection of Dr./Shri/Smt./Ms…………… ……….……………………. lecturer/ your college/institute through vide letter No……......dtd ……………. HOD of Sir/Madam, With reference to your above mentioned subject and the objection raised, this is to bring to your kind notice that 8) As per notification No. N-17 dated 18th December, 2010, Principals of all affiliated colleges through vide letter No. Acad./Elect/2010/BOS/420 dated 20th December, 2010 and specifically clause 3 were directed to recommend the names as per Statute No. 23 (Table-A). The names received from your college for the BOS Metallurgical and Production Engineering after scrutiny found to be not in consonance with the provision of Statute No. 23 (Table-A), Direction No. 9 K of 2010 and Statute No. 42 of 2010. 9) The Bachelor’s degree B.E. in Metallurgical and Production Engineering does not exist in any of the engineering colleges affiliated to this university and therefore can not be included in the list of Board of Studies – Metallurgical Engineering or Production Engineering of Statute No. 23 (Table-A). These both of Board of Studies does not fulfill the mandatory statutory requirement of Section 37(2)(b) of M.U. Act, 1994 to read with Direction No. 9 K of 2010 and Statute No. 42 of 2010. 10) The authorities such as Board of Studies and Faculties came into existence in 2005 have not considered this item on any of its regular or emergent meeting and brought this issue to its finality by realizing its need as demanded in election till March-2009. On this status and anticipating the future complications in election, the university administration has placed this item for necessary decision in the annual meeting of Board of Studies held in March-2009 at item No. 8-A (2) and carried to be a live item on agenda till it gets exhaust as an remaining item of previous meeting in its all subsequent and consecutive meetings of Board of Studies held till 2010. It is to mention that only BOS like Electronics, Production Engineering and Chemical Technology has increased the number of subjects under their Board of Studies which is still not approved by the Senate as an amendment to Statute No. 23 (amended from time to time). 11) The very fact that the colleges conducting Bachelor’s Degree in Mechanical Engineering or any other branch of engineering have recommended the names of teachers in Metallurgical Engineering and Production Engineering which does not exist in their college and still projected these subjects as of importance and being also taught in Mechanical Engineering or other branches. Whereas the Board of Studies in Mechanical Engineering or other branches of engineering even after understanding this requirement of subjects as per their demand in last election have not increased their number of subjects even though it was placed as item as per details given in above para 3 is on record. Thus, inclusion of these two Board of Studies or their subjects as a part or parcel or extension of Board of Studies in Mechanical Engineering or other branches of engineering as claimed now is not possible as per the Statute No. 23 (amended from time to time). The Bachelor’s degree in particular branch of Engineering is nominated against a particular Board of Studies for its specialization part which begins at second year and onwards and the Board of Studies in Applied Science and Humanities is exclusively constituted and included in the Statute so as to fulfill the varied requirement of subjects of first year engineering only which is common for all engineering courses. Thus, this established statutory provision should not be misinterpreted for the above claim other wise the branch would fall into interdisciplinary Board of Studies. The requirement of the subjects within the Board of Studies or independent Board of Studies which do not fulfill the statutory requirement are constituted in terms of sub-committee / committee by the authorities themselves for accomplishing the specific work under Section 80 of M.U. Act, 1994 or converted into adhoc board respectively. Therefore, the remedial measures are available as per the provision of Act only and therefore need not require to violate the provisions of Act, Statute or Direction. The last relief was deviated from the statutory provision and the same can not be repeated again which is not in consonance with the existing law in this matter and which will prove bad in law. 12) The above facts reveals, that the university administration has taken well in advance initiatives in this regard by providing a legitimate and as well opportunity in natural justice with reasonable time for making necessary decisions with respect to suitable amendment to the Statute, but the concerned authorities have not availed it appropriately in time and therefore the teachers recommended under this category do not qualify for their claim which is against the statutory provisions of Section 38 (2)(b) of M.U. Act, 1994, Direction No. 9 K of 2010, Statute No. 42 of 2010 and Statute No. 23 (amended from time to time) to which the university and its officers are duty bound to implement faithfully. Thus, the names are rejected and justified. This may please be noted. Thanking you, Yours Faithfully, Encl: Copy of item on Agenda Sd/(Dr. Maheshkumar Yenkie) . Returning Officer & Registrar, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur Copy to :- The Hon’ble Vice-Chancellor, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur. Sd/(Ar. Vilas Ramteke) . Asstt.Returning Officer & Deputy Registrar, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR. st (Established by Government o Central Provinces Education Department by Notification No. 513, dated 1 of August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994) (Academic Section) Shri Chatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur -01 Tel No.: 0712- 2532063 Fax No. 0712- 2532841, 2561347 No. Acad./10/ Dated: January, 2011 To, The Principal / Director / HOD ______________________________________ ______________________________________ Subject:- Board of Studies Election 2010-11 Reference:1. Your Objection to Preliminary Electoral Roll through vide letter No……...........dtd …………………. 2. Objection of Dr./Shri/Smt./Ms………………………………………………….………………………….. Lecturer/HOD of your college/institute through vide letter No……....... .........dtd ……………..….. Sir/Madam, With reference to your above mentioned subject and the objection raised, this is to bring to your kind notice that 1) As per notification No. N/17 dated 18th December, 2010 and the directions given to all Principals of affiliated colleges through vide letter No. Acad./Elect/2010/BOS/420 dated 20th December, 2010 for recommending the names as per Statute No. 23 (Table-A) are mandatory. 2) The teacher who is approved as Lecturer in Physical Education in your college can not be included as Head of the Department for the purposes of election to the Board of Studies in Physical Education and Recreation in the Faculty of Education. The teachers who are validly appointed and approved as teachers in the recognized course of Physical Education conducted in the college, duly approved by N.C.T.E. can only be included as Head of the Department under the said Board. The subject, “Physical Education” available in your college is not the part of any of the examinations conducted by the university and no marks are assigned in the said subject, which are included in the Marks List in the concerned examination for final conferment of degree in that course. Resultantly the lecturers in Physical Education in the other affiliated colleges, which do not conduct the approved courses in Physical Education and Recreation are not eligible for being included as H.O.D. for Board of Studies under the Faculty of Education. This may please be noted. Thanking you, Yours Faithfully, . Sd/(Dr. Maheshkumar Yenkie) Returning Officer & Registrar, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur Copy to :- The Hon’ble Vice-Chancellor, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur. . Sd/(Ar. Vilas Ramteke) Asstt.Returning Officer & Deputy Registrar, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR. st (Established by Government o Central Provinces Education Department by Notification No. 513, dated 1 of August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994) (Academic Section) Shri Chatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur -01 Tel No.: 0712- 2532063 Fax No. 0712- 2532841, 2561347 No. Acad./10/ Dated: January, 2011 To, The Principal / Director / HOD ______________________________________ ______________________________________ Subject:- Board of Studies Election 2010-11 Reference:1. Your Objection to Preliminary Electoral Roll through vide letter No……...........dtd …………………. 2. Objection of Dr./Shri/Smt./Ms………………………………………………….………………………….. Lecturer/HOD of your college/institute through vide letter No……....... .........dtd ……………..….. Sir/Madam, With reference to your above mentioned subject and the objection raised, this is to bring to your kind notice that 1) As per notification No. N/17 dated 18th December, 2010 and the directions given to all Principals of affiliated colleges through vide letter No. Acad./Elect/2010/BOS/420 dated 20th December, 2010 for recommending the names as per Statute No. 23 (Table-A) are mandatory. 2) The persons working on the post of Librarian in an affiliated and conducted colleges of University, though is covered in the definition of teacher in Section 2(34) of the Maharashtra Universities Act, 1994, his/her name can not be included in the Electoral Roll for Board of Studies under Section 37(2) (b) of the Act. 3) The teachers who are working as teachers in the course of Library Science can only be included as Head of the Department for the purposes of election to the B.O.S. in Library & Information Science under the Faculty of Social Science. The persons working on the post of Librarian can not be held to be equivalent as teachers imparting education in the subject of Library & Information Science and therefore the name of Librarian forwarded by you designating himself/herself as H.O.D. in the subject of Library & Information Science can not be included in the Electoral Roll. The decision of Returning Officer to delete their names from Preliminary Electoral Roll is therefore justified as per the above referred provisions of Statute and Directions. This may please be noted. Thanking you, Yours Faithfully, . Sd/(Dr. Maheshkumar Yenkie) Returning Officer & Registrar, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur Copy to :- The Hon’ble Vice-Chancellor, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur. . Sd/(Ar. Vilas Ramteke) Asstt.Returning Officer & Deputy Registrar, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR. st (Established by Government o Central Provinces Education Department by Notification No. 513, dated 1 of August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994) (Academic Section) Shri Chatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur -01 Tel No.: 0712- 2532063 Fax No. 0712- 2532841, 2561347 No. Acad./10/ Dated: January, 2011 To, The Principal / Director / HOD _______________________ _______________________ _______________________ _______________________ Subject:- Board of Studies Election 2010-11 Reference:1. Your Objection to Preliminary Electoral Roll through vide letter No……...........dtd …………………. 2. Objection of Dr./Shri/Smt./Ms………………………………………………….………………………….. Lecturer/HOD of your college/institute through vide letter No……....... .........dtd ……………..….. Respected Sir/Madam, With reference to your above objection, the office has scrutinized the initial names of Six Heads of the Department as submitted by the Principal / Director of the college / institute to be included in the concerned subject, Board of Studies and Faculty as against their appearance in Preliminary Electoral Roll and the corrections suggested either by the Principal / Director or the concern Head of the Department through their above referred letter. Necessary corrections are made in terms of inclusion or exclusion of name as per your recent corrected letter or non appearance of name in electoral roll, addition or deletion of Dr/Shri/Smt, change in name (before/after marriage), change in number of years of experience, spelling mistakes, title of the college etc in the Electoral Roll on the basis of above documents wherever they were found correct out of its factual position. The same is informed to you to see the corrections in the Final Electoral Roll to be published on 8th March, 2011. Thanking you, Yours Faithfully, . (Dr. Maheshkumar Yenkie) Returning Officer & Registrar, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur Copy to :- The Hon’ble Vice-Chancellor, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur. . Sd/(Ar. Vilas Ramteke) Asstt.Returning Officer & Deputy Registrar, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur