LAWS(KER)-2018-3-287

REJIKUMAR K T Vs. MAHATMA GANDHI UNIVERSITY

Decided On March 21, 2018
Rejikumar K T Appellant
V/S
MAHATMA GANDHI UNIVERSITY Respondents

JUDGEMENT

(1.) Petitioners, who are guest lecturers working under the first respondent University have approached this Court challenging Ext.P5 decision of the University and Ext.P6 notification initiating a fresh selection process for appointment of guest lecturers. They seek a declaration that there are not liable to be replaced by another set of adhoc temporary hands or guest lecturers.

(2.) Heard learned counsel for the petitioners and learned Standing Counsel appearing for the respondents.

(3.) The contention raised on behalf of the petitioners is that since they are admittedly provisional employees, they cannot be replaced by another set of provisional employees by the University. Reliance is placed on the decisions of the Apex Court in State of Haryana and others v. Piara Singh, (1992) 4 SCC 118 and Hargurprathab Singh v. State of Punjab and others, (2007) 13 SCC 292, to contend that one set of provisional employees cannot be replaced by another set of identically placed employees. The decisions of the High Courts of Punjab and Haryana and Gujarat and the High Court of Chattisgarh are also relied on to contend that in similar situations, judgments had been rendered directing the continuance of a set of employees who were appointed after due process of selection.