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2020 Supreme(Telangana) 126
IN THE HIGH COURT FOR THE STATE OF TELANGANA
RAGHVENDRA SINGH CHAUHAN, B. VIJAYSEN REDDY, JJ.
S.K. Yakub Pasha and Others – Appellants
Versus
The State of Telangana and Others – Respondents
Writ Appeal Nos. 214, 217 of 2020
Decided On : 29-06-2020
Point of Law :
while hiring a set of temporary employees, the power of the employer to select a better set of temporary employees is denuded or deprived. In fact, the power to select a better set of temporary employees continues to be vested in the employer. Therefore, the respondents’ hands and feet are not tied merely because on an earlier occasion the respondents had selected the petitioners as Guest Faculty Members
Headnote:
Constitution of India - Article 51, 14 and 16 - Miscellaneous Applications - legitimate expectation - eligibility requirement - Petitioners were Guest Faculty Members who were teaching in different Intermediate Government Junior Colleges - Petitioners prior to academic renewal of Guest Faculty Members was an automatic one - However for academic by different method of selection was adopted assessment of merit was strictly on basis of marks obtained by a candidate in his/her P.G. examination factor for selecting Guest Faculty Members introduction of assessment of merit caused a grave threat to continuation of Guest Faculty Members, for competitors from open market would equally vie for posts of guest faculty - Guidelines were challenged before this Court order learned Single Judge dismissed the writ petition and upheld validity of said Guidelines -
Finding of the Court:
Court has repeatedly directed the State to ensure that the practice of having teaching staff, on a contractual basis, or as a Guest Faculty should be given up - State should initiate regular selection of teaching faculty in the Junior Colleges, and in other State educational institutions directions issued by this Court, were in consonance with the judgment of Hon’ble Supreme Court in the case of Umadevi - Court has emphasised that a regular faculty needs to be recruited for the benefit of student fraternity and for better performance and goodwill of educational institutions - Since education has to be taken to masses Government Junior Colleges must be manned by finest of intellectuals unless and until children coming from middle and lower middle classes are well-equipped with intellectual curiosity and vision progress of State will continue to be tardy and troublesome -
Result: Appeal dismissed.
JUDGMENT :
1. Aggrieved by the order, dated 29.01.2020, passed by a learned Single Judge, in Writ Petition Nos. 13698 and 14370 of 2019 and Batch, whereby the learned Single Judge has dismissed the writ petitions filed by the appellant-petitioners, both these appeals, namely Writ Appeal No. 214 of 2020, and Writ Appeal No. 217 of 2020 have been filed before this Court.
2. Since both the appeals emanate from the same impugned order, since the legal issues and the arguments are common, both these appeals are being decided by this common judgment. The facts are being taken from Writ Appeal No. 214 of 2020. For the sake of convenience, the parties shall be referred to as arrayed in the writ petitions.
3. Briefly, the facts of the case are that a series of writ petitions were filed before the learned Single Judge challenging the guidelines of the Commissioner of Intermediate Education, dated 25.07.2018, and challenging the memo issued by the Commissioner of Intermediate Education, and guidelines notified vide proceedings dated 29.06.2019.
4. The petitioners were Guest Faculty Members who were teaching in different Intermediate Government Junior Colleges. According to the petitioners, prior to academic year 2018-2019, the renewal of Guest Faculty Members was an automatic one. However, for the academic year 2018-2019, by Guidelines dated 25.07.2018 a different method of selection was adopted, whereby the assessment of merit was strictly on the basis of the marks obtained by a candidate in his/her P.G. examination, as the factor for selecting the Guest Faculty Members. The introduction of the assessment of the merit caused a grave threat to the continuation of the Guest Faculty Members, for competitors from the open market would equally vie for the posts of guest faculty. The said Guidelines were challenged before this Court in W. P. No. 13698 of 2020 and batch. However, by order dated 29.1.2020, a learned Single Judge dismissed the writ petition and upheld the validity of the said Guidelines.
5. Moreover, according to the petitioners, while on earlier occasions, a preference was given to the teaching experience of the candidate, but under the new guidelines, dated 18.06.2019, for the academic year 2019-2020, the teaching experience was given up as a criterion for selection. Henceforth, the selection of Guest Faculty lecturers was to be on the basis of the marks scored by the candidate in his/her P.G. Examination. The Government further directed that the Guest Faculty should be selected purely on the basis of merit. Furthermore, the Government has changed the composition of the Selection Committee: earlier the Principals of the Government Junior Colleges were heading the Selection Committee. However, according to the guidelines notified on 29.06.2019, the Selection Committee was to be headed by the District Collector as the Chairman, the Joint Collector as the Member, and the Principal of a Government Junior College as another Member of the Committee. Thus, according to the petitioners, these changes virtually ruled out their continuation as Guest Faculty Members in the Government Junior Colleges. Hence, the series of writ petitions were filed before the learned Single Judge.
6. Due to the order dated 16.07.2019 passed by the learned Single Judge in I.A. No. 1 of 2019 in W.P. No. 13698 of 2019, the respondents were directed to follow the same procedure for selection of the Guest Faculty Lecturers for the academic year 2018-2019 and 2019-2020 as per the procedure for employment of Contract Lecturers. Hence, the petitioners were continued as Guest Faculty Members during the pendency of the writ petitions.
7. However, by the impugned order dated 29.01.2020, the learned Single Judge has dismissed the writ petitions. Hence, these two appeals before this Court.
8. Mr. Arjun Kumar, the learned counsel for the appellants in Writ Appeal No. 214 of 2020, has raised the following contentions before this Court:-
“Firstly, the petitioners have already put
