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2022 Supreme(AP) 232

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NINALA JAYASURYA, J.
Shaik Nazeer Hussain – Petitioner
Versus
The State of Andhra Pradesh – Respondent
Writ Petition Nos. 5251, 8088 of 2021
Decided On : 23-03-2022

Advocates Appeared:
For the Petitioner: Devalaraju Anil Kumar.

Headnote:

Constitution of India, 1950 - Articles 14, 16 and 21 – Notification - Guest Faculty in different subjects - Not extending services -- 2nd respondent-University issued a Notification, inter-alia, stating that it requires 300 + more contract teaching faculty apart from existing faculty for teaching students in respective campuses and invited applications for teaching positions on contract basis, in prescribed format for academic year 2018-19, in the areas of Civil, CSE, ECE, MME, ME, Chemical Engineering, Mathematics, Physics, Chemistry, Biology, English, Telugu, Fine Arts, Yoga, Psychology, Physical Education, Library Science and other Social Science subjects - In said Notification, it was mentioned that positions notified are purely temporary, carry consolidated emoluments without allowances and that initially appointment term will be for a period of one academic year and extendable for a further period, subject to satisfactory performance and requirement - Held, Court is constrained to observe that appointment of faculty on contract basis would not be in interest of University, teaching faculty and students’ community at large, for whose benefit University is established - University and teachers, as noticed by this Court, are litigating in Courts instead of sub serving educational needs of students - Lack for funds appears to be main reason for not making regular appointments - This is an area which concerned authorities and Government need to focus much and make sufficient budgetary allocations so that laudable object of imparting high standards of education at University level would not remain name sake without achieving desired objects and very purpose of establishing universities like present is not frustrated - Perhaps, if the appointments are made on regular basis, availing services of Guest Faculty/contract faculty would be minimized - Views of Court are also fortified by stand of AICTE in the counter-affidavit that “it is necessary that faculty is recruited on regular basis in the interest of quality of technical education and also to look after interests of students.” - Writ Petition closed.

ORDER :

1. The issue involved in these two Writ Petitions is similar, wherein, the orders in not extending the services of the petitioners as Guest Faculty in different subjects are under challenge and the same are disposed of by this Common Order.

2. Heard Mr. Devalaraju Anil Kumar, learned counsel for the petitioners, Mr. C. Sudesh Anand, learned counsel representing the 2nd respondent-Rajiv Gandhi University of Knowledge Technologies (hereinafter referred to as ‘University’) along with Mr. Pithani Chandrasekhar Reddy and Mr. P.S.P. Suresh Kumar, learned Standing Counsel for AICTE.

3. The facts as set out in the petitioners’ affidavit may briefly be stated thus:

To cater the Educational needs of meritorious rural youth of Andhra Pradesh State, the 1st respondent established four IIITs under the 2nd respondent-University. Every year, 1000 students per campus are admitted and around 20,000 students are imparted education with the support of 300 regular and contract faculty. It is a six year Integrated Engineering Programme i.e. two years of Pre-University Course (PUC) and four years of Engineering.

4. The 2nd respondent-University issued a Notification dated 15.05.2018, inter-alia, stating that it requires 300 + more contract teaching faculty apart from existing faculty for teaching students in the respective campuses and invited applications for teaching positions on contract basis, in the prescribed format for the academic year 2018-19, in the areas of Civil, CSE, ECE, MME, ME, Chemical Engineering, Mathematics, Physics, Chemistry, Biology, English, Telugu, Fine Arts, Yoga, Psychology, Physical Education, Library Science and other Social Science subjects. In the said Notification, it was mentioned that the positions notified are purely temporary, carry consolidated emoluments without allowances and that initially appointment term will be for a period of one academic year and extendable for a further period, subject to satisfactory performance and requirement. The minimum prescribed qualifications for the respective subjects are mentioned in the Notification.

5. Pursuant to the said Notification, the petitioners being qualified and eligible, applied for teaching positions in the respective subjects. They appeared for a written test along with other candidates, qualified in the same and called for oral interview by the Selection Committee. Subsequently, a list of candidates for contractual teaching faculty in the respective subjects was notified on 30.07.2018. Thereafter, individual Office Orders dated 31.07.2018 were issued to the petitioners informing them that on the recommendations of the Selection Committee, they were engaged as Guest Faculty in the respective Departments, with a consolidated remuneration of Rs. 25,000/- purely on temporary basis for a period from 01.08.2018 to 10.05.2019. Likewise, similar Office Orders dated 01.08.2018 were issued to some of the petitioners, fixing the consolidated remuneration as Rs. 32,000/- per month.

6. While the petitioners are rendering services as Guest Faculty, the 2nd respondent- University issued a Notification dated 13.02.2019 for recruitment of teaching faculty on contract basis for the academic year 2019-20. The petitioners herein along with others filed Writ Petition No. 4907 of 2019 before this Court seeking to set aside the same on various grounds. While the said Writ Petition is pending, the 2nd respondent-University on 10.05.2019 issued Schedule for Faculty Performance Review for Assistant Professor(c) and Guest Faculty appointed during academic years 2017-18 and 2018-19. The petitioners were called for the said performance review and considering their performance, renewal orders were issued on 24.06.2019 renewing the contract of the petitioners and other candidates from 24.06.2019 to 10.05.2020. Under the said circumstances, the petitioners withdrew W.P. No. 4907 of 2019 on 03.07.2019.

7. Due to outbreak of COVID-19, the Central Government, issued an Advisory directing the co

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