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2006 Supreme(P&H) 2271
PUNJAB & HARYANA HIGH COURT
M.M.Kumar and M.M.S.Bedi JJ.
Mohit Sethi
Versus
State Of Haryana
Civil Writ Petition No. 5644 of 2006,
Decided On : MAY 22, 2006
The main legal point established in the judgment is that the appointment of Guest Faculty teachers must comply with the rules governing the service conditions, and the teachers do not have any substantive right to the post for which they are engaged if the appointment does not adhere to the rules.
Headnote:
Guest Faculty - Appointment Dispute - The court dismissed the petition of Guest Faculty teachers seeking continuation of their appointment until the appointment of regular teachers, stating that their selection did not comply with the rules governing the service conditions and they did not have any substantive right to the post for which they were engaged.
Fact of the Case:
The petitioners, appointed as Guest Faculty teachers, sought permission to continue until the appointment of regular teachers. The respondents had issued an advertisement for the posts of Group 'b' in various Government Polytechnics in the State of Haryana.
Finding of the Court:
The court found that the petitioners' selection as Guest Faculty teachers did not comply with the rules governing the service conditions, and they did not have any substantive right to the post for which they were engaged. The court also cited a judgment of the Supreme Court in support of its decision.
Issues: The issue revolved around the continuation of Guest Faculty teachers until the appointment of regular teachers and the compliance with the rules governing their service conditions.
Ratio Decidendi: The court held that the petitioners' appointment as Guest Faculty teachers did not comply with the rules governing the service conditions, and they did not have any substantive right to the post for which they were engaged.
Final Decision: The petition was dismissed by the court.
M. M. Kumar, J.
1. The prayer made in this petition is that the petitioners who have been appointed as Guest Faculty teachers upto 6.4.2006 be permitted to continue till the appointment of regular teachers is made. The respondents issued an advertisement inviting the application for the posts of Group "b" in various Government Polytechnics in the State of Haryana under the control of Technical Education Department. The candidates were to be appointed as Guest Faculty teachers and they were to be paid remuneration per lecture. They were expected to teach at least three lectures every day
2. It is in these facts and circumstances that the prayer made by the learned counsel for the petitioners has to be considered. It could not be successfully disputed that the petitioners have been engaged as Guest Faculty teachers who are to be paid at the rate of per lecture. Their selection has not been made in accordance with the rules governing the service condition of such teachers/ lectures nor they have been appointed by the District education Officer or Director Public Instructions who under the rules are their appointing authority. It is evident from the perusal of criterion, procedure and remuneration that headmasters and principals have been authorised to engage the Guest Faculty teachers/ lecturers. Therefore, the petitioners cannot be considered to have any substantive right to the post for which they have been engaged for a specified period. If they have been relieved from their respective posts in accordance with the terms of the contract, no legal infirmity warranting interference with the action of the respondents could be found. In that regard reliance may be placed on the judgement of the Supreme Court in the case of secretary, State of Karnataka and others V/s. Uma Devi and others JT 2006 (4)SC 420 for the reasons afore mentioned this petition fails and the same is dismissed.
