SANJAY KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) (Oral) Petitioner has approached this Court seeking the following reliefs :

(2.) Brief facts, necessary for adjudication of the case are that in the month of Sept., 2015, 681 posts of teachers were lying vacant in Govt. Degree Colleges of the State. On 19.09.2015, the Principal Secretary, Higher Education, Govt. of Uttarakhand, issued a Govt. Order providing for the arrangement of Guest Faculty on contractual basis by way of temporary arrangement against the sanctioned/vacant posts of Assistant Professor in Govt. Degree Colleges under Higher Education Department. The said Govt. Order further provides that the State Government after due deliberation has taken a decision to provide Guest Faculty by way of temporary arrangement for one academic session, taking into consideration the interest of the students. The appointment of the Guest Faculty was to be made on the vacant posts of Assistant Professor in Govt. Degree Colleges. The said G.O. further provided that the arrangement of Guest Faculty will be made on certain terms and conditions. The appointment of Guest Faculty will be till the regular selected candidates are appointed by the Public Service Commission or till the end of academic session, whichever is earlier and further the claim of the Guest Faculty for regularization will not be entertained. The said G.O. further provided that for appointment of Guest Faculty on the vacant posts, the advertisement will be issued in the newspapers published at National Level and State Level. The selection will be made by the Selection Committee on the basis of merit and interview. The scheme of the Guest Faculty further provided that before appointment of the Guest Faculty, the candidate is required to execute a Bond in prescribed form, which will contain a specific clause, that the Scheme of Guest Faculty is a temporary arrangement for a limited period, which can be terminated at any point of time without any prior information. For selection of the Guest Faculty the criterion was allotment of marks on the basis of the marks obtained in High School, Intermediate, Graduation and Post Graduation and Interview comprised of 30 marks. The candidate appointed as Guest Faculty was to be paid an honorarium of Rs.25000.00 per month. This proforma of the Contract Bond was to be executed by the candidate for appointment as Guest Faculty. In pursuance of the said G.O. dated 19.09.2015, an advertisement was issued in the daily newspaper namely Amar Ujala, Dainik Jagran and Times of India dated 209.2015, for appointment of Guest Faculty on contract basis on the 681 vacant posts of Assistant Professor in Govt. Degree Colleges of the State. It was clearly mentioned in the advertisement that on the appointment of regularly selected candidates, the contract will be terminated without any prior information. It is the case of the petitioner that in pursuance of the said advertisement the petitioner applied and also got selected as Guest Faculty against the vacant post of Assistant Professor Geography in Govt. Degree College, Tuni, but he did not join as such, inasmuch as, he was interested in regular appointment.

(3.) At the fag end of the Academic Session 2015- 16, the State Government again issued a Govt. Order on 29.06.2016, whereby the extension of contract was granted in favour of the Guest Faculty who were appointed on contractual basis by way of temporary arrangement against the vacant posts of Assistant Professor in Govt. Degree Colleges of the State for the academic session 2016-17. In pursuance of Govt. Order dated 29.06.2016, the Director Higher Education, Uttarakhand issued a communication on 04.07.2016 to Principal, Govt. Degree/Post Graduation Colleges regarding extension of contract of the Guest Faculty appointed on contract basis against the vacant posts of Assistant Professor. The communication further provided that on reopening of the Colleges, the Guest Faculty will be appointed on or before 15.07.2016 by getting the contract bond signed. Pursuant to the G.O. dated 29.06.2016 and the communication dated 04.07.2016, the Guest Faculty who were appointed in the Academic Session 2015-16, were re-engaged as Guest Faculty in the Academic Session 2016-17.