AMAN ULLAH SHAH Vs. STATE

JUDGEMENT

(1.) Petitioners have been engaged as Lecturers on academic arrangement in 10+2 Schools for the sessions 2018-19 by the orders of the Chief Education Officer, Doda in the disciplines of Political Science, Hindi, Persian, Botany Education, English, Physics, Zoology, Chemistry, Economics. They have sought a writ of mandamus commanding the respondents not to replace/substitute the writ petitioners by any set of contractual or temporary appointee.

(2.) Petitioners submit that they were engaged on academic arrangement as 10+2 Lecuturers and are sought to be replaced by the respondents by other contractual appointees or by transferring regularly recruited Lecturers which will adversely affect their rights. They further submit that if they are not allowed to continue to work as Lecturers on contractual basis on academic arrangement.

(3.) It is also submitted that since they have been working continuously uninterruptedly against clear vacancies of the post of Lecturers in their respective disciplines in the different Government Higher Secondary Schools pursuant to their appointment and, as such, their replacement or substitution by other contractual lecturers would be arbitrary, unjust, irrational and contrary to the provisions of Article-14 and 16 of the Constitution of India. They seek their continuation as Lecturer in 10+2 schools on the ground that they have qualified to be engaged as Lecturers through the recruitment process and their continuation in the interest of students, who are studying in the particular school, is required.