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2016 Supreme(J&K) 117
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
R. Sudhakar, J.
Sonali Singh and Ors. - Appellants
Vs.
State and Ors. - Respondent
MP Nos. 2696, 2691, 2582, 2524, 2438, 2599, 1515, 2692, 2389, 2690, 2434, 2432, 1517, 2694, 2435, 2444, 2619, 1617, 2662, 2693, 2085, 2617, 2399, 2523, 2433, 1943, 2581, 2593, 1942, 2587, 1788, 1787, 2615, 2616, 2609, 2430, D-2618, 2131, 2659, 2129, 2436 of 2014; 38, 42 & 40 of 2015; SWP Nos. 2012, 2007, 1926, 1892, 1840, 1942, 1165, 2008, 1805, 2006, 1836, 1834, 1168, 2010, 1837, 1848, 1617, 1983, 1616, 1838, D-1961, 1832, 1952, 1959, 1958, 1354, 1355, 1930, 1465, 1936, 1962, 1233, 1986, 2009, 1575, 1960, 1815, 1891, 1835, 1466, 1925 of 2014; Contempt Nos. 443, 424, 393, 412, 420, 414, 397, 470, 394, 402, 437, 421, 396 of 2014
Decided On : 14-07-2016
For the Appellant : D.S. Chauhan, Rattan Lal Gupta, Meharban Singh
For the Respondents: Ajay Sharma, D.C. Raina, F.A. Natnoo
The main legal point established in the judgment is that academic arrangement teachers/lecturers cannot hold on to their posts indefinitely and must be replaced by regularly selected candidates when available.
Headnote:
WRIT PETITIONS - Employment Dispute - Jammu & Kashmir Public Services Commission - Academic Arrangement - State of Haryana Vs. Piara Singh, AIR 1991 SC 223 - Dr. Kishore Vs. State of Maharashtra, 1997(1) 107 : 1997 (3) SCC 209
Fact of the Case:
The petitioners sought relief to continue as Teaching Assistants/Lecturers on a contractual basis in various Government Colleges until the posts are filled by the Jammu & Kashmir Public Services Commission on a regular/substantive basis.
Finding of the Court:
The court dismissed relief (A) and ordered relief (B) & (C) as requested by the petitioners.
Issues: The issues revolved around the petitioners' employment status and their request to continue as Teaching Assistants/Lecturers until regular appointments were made.
Ratio Decidendi: The court referred to the State of Haryana Vs. Piara Singh case, emphasizing the need to replace temporary employees with regularly selected candidates. The court also cited the Dr. Kishore Vs. State of Maharashtra case, highlighting that the appointment of a duly selected candidate, whether by transfer or direct selection, necessitates the replacement of the temporary employee.
Final Decision: Relief (A) was dismissed, and relief (B) & (C) were ordered as requested by the petitioners. The court also closed the connected Contempt Petitions.
R. Sudhakar, J.
1. Through the medium of all these writ petitions, petitioners seek following reliefs as per their respective disciplines and respective Government Degree Colleges where they are engaged as Teaching Assistants/Lecturers on academic arrangement for fixed term basis:
"(A) WRIT OF CERTIONARY quashing the Advertisement Notification No. Edu.-Coll./Adv./Acd.Arrg./JD/2014-15 dated June 26, 2014 issued by Deputy Secretary to Government, Higher Education Department, whereby the Writ Petitioners are asked to apply afresh for engagements/appointments to the different posts of Lecturers as per their qualification/discipline for the Session 2013-2014 in various Government Degree Colleges of Jammu Province, thereby reverting their status from the posts of Lecturers to the post of Teaching Assistants;
(B) Issue WRIT OF PROHIBITION restraining the Respondents from replacing/substituting the writ petitioners by another set of 'contractual appointees' pursuant to the Advertisement Notification No. ,Edu.-/Coll./Adv./Acd./Arrg./JD/2014-15 dated June 26, 2014 issued by Deputy Secretary to Government, Higher Education Department and/or by transferring regularly recruited Lecturers from one institution to another appointees or by transferring regularly recruited Lecturers from one institution to another, thereby reducing their status from the post of Lecturers to the post of Teaching Assistant, till post held by the Writ Petitioners on 'contractual basis' in the academic arrangement is filled up by the competent authority, i.e., Jammu & Kashmir Public Services Commission on regular/substantive basis.
(C) WRIT OF MANDAMUS directing and commanding the Respondents to allow the Writ Petitioners to continue and work as Lecturers on 'contractual basis' in academic arrangement in their respective disciplines in various Government Colleges in different districts of Jammu Province, till the posts held by the Writ Petitioners are filled up by the competent authority, i.e., Jammu & Kashmir Public Services Commission on regular/substantive basis."
2. BY and large, the essence of all the three prayers made in these writ petitions is one and the same, and the petitioners submit that their present status as Teaching Assistants/Lecturers in their respective disciplines and respective Government Colleges in different districts of Jammu Division for academic arrangement on session to session basis should not be allowed to be disturbed till the selection is made by the competent authority on regular/substantive basis in terms of the Rules and Regulations governing such selection, otherwise this will affect their rights.
3. As far as relief Sr. No. (A) to quash the Advertisement Notifications for the years 2012-13, 2013-14 and 2014-15, as the case may be, is concerned, the period of Advertisement Notifications which is challenged, is already over. In the case of some of the petitioners, their status, i.e., employment is by virtue of interim direction of this Court, till the next date of hearing before the Bench. It has to be considered by the Department concerned after the expiry of the terms as the appointments were made on academic arrangement basis. This relief becomes infructuous by efflux of time.
4. The relief at Sr. Nos. (B) & (C) is almost the same, i.e., for prohibiting the respondents from replacing/substituting the petitioners by another set of contractual appointees on academic arrangement basis pursuant to the impugned Notifications and/or by transferring regularly recruited Lecturers from one institution to another till the posts held by them on contract on the academic arrangement basis are filled up by the competent authority and allow them to continue on the posts. This prayer has two aspects. One is that the petitioners seek their non-replacement/non-substitution by any other set of Lecturers in the academic arrangement. The second aspect of this relief is with regard to prohibiting respondents for replacing/substituting the petitio
