SUMITA SARKAR Vs. PRINCIPAL KALINDI COLLEGE

JUDGEMENT

(1.) In this writ petition, the petitioner has sought quashment of the order of termination of the petitioner as part-time Lecturer/Guest Lecturer in music and for mandamus requiring the respondent to appoint the petitioner as lecturer in music on a regular basis.

(2.) The facts leading to the filing of the present petition, in brief, are that Kalindi College is affiliated to Delhi University and is aided by U.G.C. and is governed by the rules and regulations pertaining to the Delhi University. The petitioner was appointed as part-time lecturer in music on adhoc basis at the stipend of Rs.500.00 per mensem initially and the same was increased to Rs.1,000.00 per mensem and thereafter to Rs.l,500.00 per mensem. The petitioner continued to be given part-time/adhoc appointment for specific periods with break of certain days and some time vacations in the college from 30th January 1987 till her services were terminated on 29th September 1992. The contention of the petitioner is that she had been working, may be on temporary/adhoc basis, but as she has put in about more than 5 1/2 years of service, she was entitled to be regularised and instead of regularising her in the regular post, her services had been terminated without any basis without holding any enquiry or disciplinary proceedings.

(3.) In the counter affidavits filed on behalf of the college, it has been mentioned that there is only one regular post of music teacher which already stands filled in on regular basis and the University could agree to creation of a new post only if in the new subject there are admitted 30 students and in view of the work load of the music classes in the college decreasing day by day, it has not been possible for the college to recommend to the University for creation of any second regular post of music teacher. It is further stated that as the work load had dwindled over the years, the services of the petitioner could not be utilised even on part-time basis and ultimately the petitioner was required to work as a guest on certain days on payment but since 1992, it has become impossible to have any work performed by the petitioner and all the classes in music can be easily taken by the regular teacher in music. So, it is averred that the work load in the college does not justify the continuation of the petitioner as part-time/adhoc music lecturer or even as guest lecturer. It is pointed out that the petitioner was never selected for any regular post of music teacher. It is also averred that in accordance with the ordinances and statutes of the University, whenever any appointment is required to be made in the college on the regular basis, the post is advertised and the appointment is made on the basis of the recommendations of the duly constituted Selection Committee. In view of the fact that no second post of lecturer in music is available in the college, so question of making any appointment on regular basis does not arise.