MAUSAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the notice dated 23.02.2015 (Annexure P -10), whereby, the Principal, Govt. Polytechnic, Hisar, had invited applications for the process of preparing a panel of Visiting Faculty in various streams including of Textile Technology. The petitioner has approached this Court with a prayer, that she had been working as Guest Faculty Lecturer in the Textile Branch in the Government Polytechnic, Hisar, since 07.01.2009 and the appointment letter (Annexure P -2) was issued on 08.05.2010, not to replace the petitioner with another set of temporary arrangement by engaging the Visiting Faculty on hourly basis in the Government Polytechnic Hisar, District Hisar and allow the petitioner to work continuously till the vacant sanctioned posts are filled up through regular recruitment by the respondent -State.

(2.) VIDE order dated 23.03.2015, notice of motion of the aforementioned writ petition was issued and written statement on behalf of the respondents has been filed in the Court. The same is taken on record. A copy thereof, has been supplied to the learned counsel for the petitioner.

(3.) THE factum of petitioner, working since 2009 has not been disputed. However, it has been stated that at that time, qualified faculty in the discipline of Textile Technology was not easily available, therefore, persons with lesser qualification, than the prescribed one were engaged provisionally as Visiting Faculty, keeping in view the academic interest of the students. Despite being ineligible, the services of the petitioner were engaged as Visiting Faculty in the year 2009 due to the urgent need of teaching faculty created due to start of double shift in some Government Polytechnics as there was increase in intake of students. But in the year 2011, due to closure of double shift in the polytechnics, the student intake was reduced to half and thus, accordingly, teaching faculty was also reduced and few eligible visiting faculty teachers had left their engagements, therefore, keeping in view of the need of the visiting faculty in the institute, the petitioner was allowed to continue to work.