NASIR KHAN Vs. NAVODAYA VIDYALAYA SAMITI

JUDGEMENT

(1.) THE order passed in this petition shall dispose of M. P. No. 1412/92 and M. P. No. 1675/93 which raise similar questions of law and facts.

(2.) THE petitioners in the three cases are admittedly appointed as part -time teachers for fixed periods. The period of their appointment has come to an end They have approached this Court against adopting the practice by the management of the schools of appointing part -time teachers so that they are deprived of their salary and service during summer break. The petitioners also claim regularisation of their services. The learned counsel for the respondents submits that the process of regular appointment on teaching posts in various schools under the respondent Navodaya Vidyalaya Samiti has already been initiated and in some cases, even selections have been made; but the selected candidates could not join on the posts in the schools due to the passing of interim writ by this .Court, directing continuance of the services of the petitioners on part -time basis until further orders.

(3.) THE learned counsel fur the respondents submits that some of the petitioners are not qualified as per advertisement and, therefore, they cannot be allowed to continue. This contention cannot be accepted. If the teachers have been appointed on part -time basis, they will have to be continued till the process of regular selection is over and duly selected candidates are appointed on the posts. The petitioners, even if they arc not qualified, as per the advertisement issued for inviting applications for regular appointments on the posts be continued till the regularly selected candidates are appointed and join the posts. The petitions, thus, partly succeed to the above extent and with the directions made above. In the circumstances, there shall be no order as to costs.