Fresh Recruitment of Guest Lecturers Futile Exercise Unless Complaints Exist: Chhattisgarh High Court
30th June 2021, Honourable Chhattisgarh High Court in Rajnikanti Sahu vs State of Chhattisgarh (Writ Petition No. 3085 of 2021) held that unless there is any complaint received against the performance of any Guest-Lecturers, educational institutions are restrained from going in for any fresh recruitment of a Guest Lecturer for the same subject.
In this case, the petitioners were working as a Guest Lecturer for an institute under the State of Chhattisgarh, for the academic session 2020-21. When the academic session was inching towards its term end, a writ was filed by the petitioner seeking relief from being replaced.
The petitioners had contended that they underwent the due process of selection when being appointed as Guest Lecturers and there were no complaints whatsoever against them during their tenure, so far as their competency was concerned.
The State counsel opposing the petition submitted that it is a case where no cause of action had arisen, in as much as the petitioners have filed the writ petition only on apprehension and since there was no cause of action, the matter was to be considered premature and deserved to be dismissed.
The Honourable Court after hearing both the parties observed that, the order of appointment specifically had a clause mentioning that the appointment so made is till an alternative arrangement is made by way of regular recruitment/contractual/transfer.
“On the practical aspect also the fact that the Petitioners are discharging the duties of Guest Lecturers for last more than 1-2 years, itself is a good ground for permitting the Petitioners to continue on the said posts as Guest Lecturers, simply for the reason of their experience on the said post, as fresh recruitment would mean that persons with no or less experience would be participating in the recruitment process, which also would not be in the interest of the students who are undertaking training in the respective institutions.”
In conclusion, the court held that the institute would not be entitled to filling up the posts of Guest Lecturer by replacing the Petitioners unless the Respondents come up with a stand that the services of the Petitioners were dis-satisfactory.
However, the court also clarified that this decision would not preclude the State Government from going in for filling up of the post by way of a regular appointment or by way of engaging contractual teachers under the rules for contractual employment.
Kumar Sonal | Research Intern | EduLegaL
Swapna Iyer | Legal Editor | EduLegaL