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2018 Supreme(Jhk) 984
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Kr. Madhusudan Raja & Ors. - Petitioners
Versus
The State of Jharkhand & Ors. - Respondents
W.P.(S) No. 675 of 2018 With W.P.(S) No. 1500 of 2018
Decided On : 15-05-2018
For the Petitioner:Mr. Piyush Krishna Choudhary, Advocate
For the V.V. University :Dr. Ashok Kumar Singh, Advocate, Mr. Jagdeesh, Advocate
For the Intervenor :Mr. Pravin Kumar Rana, Advocate, Mr. Shekhar Prasad Sinha, Advocate
The main legal point established in the judgment is that appointments made by the University must comply with the provisions of the Jharkhand State Universities Act, 2000, and that obtaining a stay order by concealing relevant facts is impermissible.
Headnote:
Appointment - Contractual Basis - Jharkhand State Universities Act, 2000, Section 35
Fact of the Case:
The petitioners were appointed as guest teachers against sanctioned posts in different constituent Colleges under Vinoba Bhave University. The University issued a fresh advertisement for appointment of teachers on a contractual basis, leading to the petitioners seeking redressal from the court.
Finding of the Court:
The court found that the appointments made by the University were illegal and in contravention of the Jharkhand State Universities Act, 2000. It also noted that the petitioners had obtained a stay order by concealing relevant facts and that the appointments made on contractual basis followed due procedures of law.
Issues: The main issues revolved around the legality of the appointments made by the University, the concealment of relevant facts by the petitioners, and the compliance with the Jharkhand State Universities Act, 2000.
Ratio Decidendi: The court held that the appointments made by the University were illegal and in violation of the Jharkhand State Universities Act, 2000. It also emphasized that the petitioners had obtained a stay order by concealing relevant facts and that the appointments made on contractual basis followed due procedures of law.
Final Decision: W.P.(S) No. 675 of 2018 was dismissed, and W.P.(S) No. 1500 of 2018 was allowed. The court directed the concerned authorities to take immediate action against the illegal appointments and to frame a policy decision for the appointment of regular teachers in the Universities of Jharkhand.
Similar issues are involved in both the writ petitions and as such, they are being heard and disposed of by this common order.
2. Petitioners in W.P.(S) No. 675 of 2018 have prayed for a direction upon the respondents to stay operation of result published by Vice Chancellor/Registrar Vinoba Bhave University, Hazaribagh, dated 27.01.2018, which has been published without creation of additional post of Lecturers and against that post on which these petitioners are working/teaching for last 2 – 3 years.
Petitioners in W.P.(S) No. 1500 of 2018 have prayed for quashing the Notification issued vide Memo No. VBU/R/523/18, Dated 24.02.2018, under the signature of Registrar, Vinoba Bhave University, whereby and where under operation, implementation and execution of order contained in Memo No. VBU/R/248/2018, VBU/R/249/2018, VBU/R/250/2018 and VBU/R/251/2018 Dated 27.01.2018, have been stayed till further order without taking into consideration that petitioners have already been appointed as Assistant Professors on contract basis vide Notification Nos. 248, 249, 250 and 251, dated 27.01.2018, issued by Registrar, Vinoba Bhave University on the basis of the order of the Vice Chancellor of the University and they have already joined their services. Petitioners have further prayed for a direction not to disturb them who have been duly appointed in accordance with law.
3. The short fact of the case of the petitioners in W.P.(S) No. 675 of 2018 is that they had been appointed as guest teachers for different subjects against sanctioned post in different constituent Colleges falling under Vinoba Bhave University, Hazaribagh in view of Memo No. 2522, dated 11.07.2015 issued by the Vice Chancellor of the University and are being paid certain remuneration. It was also mentioned in the Notification itself that they will be paid remuneration as noted against their names in anticipation of approval of the Syndicate. It is further case of the petitioners that though they were working on the sanctioned and vacant post in view of appointment letter issued by the Vice Chancellor, Vinoba Bhave University and subsequently getting salary also, but the University has come out with a fresh advertisement for appointment of teachers on contract basis. It is specific case of the petitioner that the University has no right to issue fresh advertisement for appointment on contract basis as petitioners are already working against sanctioned and vacant post by way of appointment on contract basis. Present petitioners are aggrieved by result of the Assistant Professor dated 27.01.2018, for appointment on contractual basis. According to petitioners, they are imparting education and continuously working as guest teachers without any complaint and are aggrieved by publication of advertisement and result thereof dated 27.01.2018 and subsequent appointment and as such, have knocked door of this Court for redressal of their grievances.
4. The factual exposition as has been delineated in W.P.(S) No. 1500 of 2018 is that Higher, Technical Education and Skilled Development Department, Government of Jharkhand took a policy decision to appoint teachers on contract basis against the sanctioned vacant posts and issued Resolution with guidelines vide Memo No. 4/Vi. 1 – 135/2016 – 516, Dated 02.03.2017, under the signature of the Secretary to Govt., Higher, Technical Education and Skill Development Department, Govt. of Jharkhand, by which the Vice Chancellor of the Universities were authorized to constitute a Committee under the Chairmanship of Vice Chancellor and to issue Notification for appointment of teachers against sanctioned posts. Consequent thereto, the Registrar, Vinoba Bhave University, Hazaribagh issued Advertisement vide Ref. No. VBU/R/1650/17, Dated 16.04.2017 and online applications were invited from the eligible candidates for consideration of their candidature against the sanctioned posts for preparation of panel for contractual appointment of faculty on per Lec
