Don’t remove guest faculty till regular recruitment: HC to state

Saurabh Malik

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Tribune News Service

Chandigarh, November 23

The Punjab and Haryana High Court has made it clear to the Punjab Government that guest faculty lecturers would not be removed till the regular recruitment was made.

Justice Rajiv Narain Raina also made it clear that the order would not preclude the State from making regular appointments.

The order came on a petition filed by Punit Sharma and other petitioners against the State of Punjab and other respondents, working as guest faculty lecturers with Government Polytechnic College at Bhikhiwind in Tarn Taran district.

In their petition, they prayed for a limited direction to the state government that their services should not be dispensed with except for good and sufficient reason such as misconduct till regular recruitment was carried out.

Taking up the matter, Justice Raina asserted: “The request appears to be fair, reasonable and justified in view of the protection of law through precedents which have binding authority. It is well settled that ancillary orders can always be passed in writ jurisdiction to give the remaining relief to obviate further litigation. The State is, thus, directed that till the regular recruitment is made, the petitioner would continue to serve as guest faculty lecturer”.

Justice Raina added the replacement theory would come in play only after the post is advertised and filled. “This order has been passed ex-parte only on account of the fact that the law on the subject is much too well settled to be disturbed or not applied from case to case”.

The High Court, earlier this year also, had ruled that guest faculty lecturers in Punjab colleges would not be replaced by another set of contractual employees or guest teachers; and their services would not be dispensed with till regular faculty was appointed. The only rider is that their conduct should be satisfactory.

Justice Mahesh Grover, at that time, had also stayed the termination of services of at least two such guest faculty lecturers. Taking up the matter, Justice Grover had asserted: “The services of the petitioner be not dispensed with and replaced with another set of contractual or guest faculty arrangement. However, the respondents would be at liberty to dispense with the services of the petitioner in case her work and conduct is unsatisfactory or regular incumbents are appointed”.