Temporary or contractual engagements in academic arrangements do not confer rights for continuation beyond the specified term, and interim court orders do not establish permanent employment rights.

JUDGMENT :

1. The instant writ petition has been filed on behalf of the petitioner wherein the petitioner has called in question the advertisement notice dated 05.07.2012, with a direction to the respondents to allow the petitioner to continue on the post of Vocational Instructor till such time the post is filled on substantive basis. Besides, the petitioner is seeking direction against the respondents to release salary and other benefits in favour of the petitioner.

2. With a view to appreciate the controversy involved in the instant petition, it would be appropriate to give factual background of the instant case.

3. That, in terms of the advertisement notice dated 03.10.2011, applications were invited from the eligible candidates for the academic arrangements in different Industrial Training Institutes (ITIs) of Kashmir Division for the academic session 2011-12 with fixed honorarium of Rs.4000/- per month. Besides other posts, the applications in terms of the aforesaid advertisement notice, the post of Vocational Instructor (COPA) was also invited.

4. The petitioner applied for selection and was appointed to the post of Vocational Instructor and accordingly, in terms of the order dated 05.11.2012, the petitioner came to be engaged in the academic arrangement to run the COPA Trade at ITI Sopore. Thereafter, on 05.07.2012 the respondents issued advertisement notice where under they again invited applications from eligible candidates for temporary engagement in academic arrangement in the ITI’s of Kashimir Division for conducting training activities including trade of COPA for the academic session 2012-23 or till the regular arrangement is made in accordance with the rules on the recommendations of the J&K Services Selection Board which is earlier.

5. The petitioner has challenged the advertisement notice dated 05.07.2012 on the following grounds:

a) That it is true that in terms of the advertisement notice dated 03.10.2011, the respondents had invited application from eligible candidates for academic arrangements in different ITIs of Kashmir Division for the academic session 2011-2012 with a fixed honorarium of Rs.4000/-PM. It was however stated in the advertisement notice that in the event of regular appointment made under rules, the contract arrangement will cease at once it is respectfully submitted that the respondents have not made any regular appointment against the post held by the petitioner. In that view of the matter, they have no jurisdiction to issue advertisement notice dated 05.07.2012 for filling the posts of COPA instructor, Stenography Instructors and Plumber Instructor for the academic session 2012-13 or till regular arrangements are made. In accordance with rules on the recommendations of the Service Selection Board, whichever is earlier, in that view of the matter, the advertisement notice dated 05.07.2012 deserve to be set aside.

(b) That it not in the advertisement notice dated 03.10.2011, but in the advertisement notice 05.07.2012, the respondents have clearly stated that the academic arrangement for the academic session 2012.13 shall hold good till regular arrangements are made in accordance with rules, on the recommendations of the Service Selection Board. It is thus clear that any one appointed in terms of the advertisement notice dated 03.10.2011 will have to continue on the post till such time, regular arrangement is made by the respondents on the recommendations of the service selection Board. The petitioner respectfully submit that in her case also, the respondents have to follow the same yardstick and they have to allow the petitioner to continue on the post till such time regular arrangement is made on the basis of the recommendations of the Service Selection Board. Since by issuing the advertisement notice dated 05.07.2012, the respondents are going to displace the petitioner from the post held by her in an illegal, improper and unconstitutional manner, therefore, the advertisement notice dated 05.07