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PRABHAT KUMAR SINGH
Hareram Mishra, Son of Bhavesh Kumar Mishra – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar – Respondent
JUDGMENT :
(Prabhat Kumar Singh, J.)
Heard learned counsel for the petitioner and learned State counsel.
2. In the present writ petition, the petitioner has prayed for allowing him to continue as Guest Lecturer and also for quashing the advertisement / Interview Notice No. 1 of 2024-25 dated 11.09.2024, as contained in Annexure P/11 to the writ petition.
3. Learned counsel for the petitioner submits that petitioner has been engaged / appointed as Guest Lecturer (Electrical Engineering) in the Government Polytechnic Darbhanga and continued as such since 27.02.2017. In course of his service as Guest Lecturer in the Government Polytechnic, Darbhanga, petitioner successfully completed the short term training programme conducted by National Institute of Technical Teachers Training and Research, Bhopal (Ministry of Education, Govt. of India). A certificate to this effect is annexed as Annexure P/2 to the writ petition. He further submits that apart from taking work as Guest Lecturer, petitioner was also assigned with the administrative work and thus, the petitioner regularly assigned classes in Electrical Engineering Department. Even though, no regular appointment has been made, the respon
Guest lecturers engaged on a contractual basis cannot be arbitrarily replaced; the principle of 'last came first go' must be followed until regular appointments are made.
The main legal point established in the judgment is that unless there is a complaint against the petitioner's performance, the respondents are restrained from fresh recruitment of a Guest Lecturer fo....
Court upheld petitioners' rights to participate in recruitment while retaining their positions, affirming lawful continuance until completion of new appointments.
Temporary appointments do not confer an indefeasible right to continue, but prior case law allows continuation until regular selections are made.
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