Temporary and contractual employment under specific schemes is coterminous with the project duration, barring rights to permanency or regularization based on performance, emphasizing service conditions outlined in earlier judicial precedents.

JUDGMENT :

Deepak Roshan, J.

Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioners for the following reliefs: -

(i) The petitioners have preferred the writ petition for quashing of Advertisement No. 1270 dated 18.09.2023 by which the online applications were invited for selection of teachers in Jharkhand Balika Awasiya Vidyalaya, Ranchi on temporary and short-term contract; and further to allow the petitioners to continue on the post of teachers in Jharkhand Balika Awasiya Vidyalaya, Ranchi till the project continues or till the petitioners attain the age of superannuation.

(ii) The petitioners have also prayed to grant same pay-scale which the full-time teachers/contractual teachers are getting in the school.

3. Mr. Rajendra Krishna, Ld. Counsel for the Petitioners submitted that the District Superintendent of Education, Ranchi has directed the Warden, Kasturba Gandhi Balika Vidyalaya, Namkum, Ranchi vide his letter no. WDP/8/49/09/18 dated 10.02.2016 for the appointment of teachers in different subjects and, pursuant to the said direction, the Petitioner no.1 was appointed with the condition that the said appointment will be cancelled if the performance of the petitioner/teacher is not found satisfactory, and the Managing Committee of the School is fully empowered to take such decision. Another condition that has been added is that if any teachers are deputed in the future, the service of the petitioner/teacher stands terminated automatically.

4. The Petitioner no.2 has also been appointed and working on the post of teacher for teaching the subject of Mathematics and Science and is rendering his duty since 15.07.2016 as is evident from the certificate issued by the Warden, Jharkhand Balika Awasiya Vidyalaya, Rahe at Ranchi.

5. It has further been argued that Jharkhand Balika Awasiya Vidyalaya Scheme has been launched for providing education to the girl belonging to disadvantageous group such as SC/ST/OBC/Minority and below the Poverty Line. The object of the scheme is to provide quality education to the girls of the disadvantageous group by setting up residential school upto secondary level. The Jharkhand Balika Awasiya Vidyalaya provides education to the girls for class 6 to 8 as well as for class 9 to 12. The aforesaid scheme is being run under the supervision of Jharkhand Education Project Council.

He further submitted that the Director, Jharkhand Education Project Council vide letter no. 711 dated 24.03.2022 has enhanced the salary/honorarium of the teachers working in different Jharkhand Balika Awasiya Vidyalaya along with teachers working in Kasturba Gandhi Balika Vidyalaya. The salary of the teachers working on full time basis and part time basis has been enhanced by 20% and this enhancement has been made effective from 01.04.2021. In Para-3 of the aforesaid letter dated 24.03.2022, it has been categorically stated that there is no fulltime teacher working in Jharkhand Balika Awasiya Vidyalaya. The petitioners have also enclosed the letter no. 2048 dated 22.08.2022 (Annexure-4 to the writ petition) which has made further amendment in the earlier letter no. 711 dated 24.03.2022 and in the said letter, it has been clarified that a teacher shall take maximum four classes for 25 days in a month and the honorarium for each day will be Rs.240/-. The aforesaid condition is for teachers teaching in Class 6 to 8 a