Chandigarh, January 28
The Punjab and Haryana High Court has made it clear that guest faculty teachers can continue to function till fresh appointments are made.
The ruling came on an appeal filed by Sudesh Rani against the state of Haryana and other respondents. In her petition placed before a Division Bench of Chief Justice Arjan Kumar Sikri and Justice Rakesh Kumar Jain, Sudesh Rani had claimed that she was appointed as a guest faculty teacher for a specified period, but the term was extended from time to time.
Since her services were sought to be terminated, Sudesh Rani approached the court by filing a writ petition, which was disposed of by a single Judge vide order dated December 6, 2012. She was allowed to continue in service till December 31, 2012. It was also directed on that date that “the services of the appellants shall automatically stand terminated”.
Taking up the matter, the Bench asserted: “There is a long history of litigation of such teachers, which need not be spelt out. Suffice it to say that in a PIL in which orders were passed by this court and the matter went up to the Supreme Court, the latter gave directions to the state to recruit the teachers on a regular basis and the guest faculty teachers were allowed to continue up to December 31, 2012.
The Bench added: “The selection process has started but recruitments on a regular basis have not been made so far. Initially, no doubt, the Supreme Court had directed that such teachers would continue only up to December 31, 2012.
“Thereafter, vide orders dated October 19, 2012 passed in a special leave to appeal, the Supreme Court ordered that these teachers be allowed to continue to function as they had been doing till fresh appointments were made”. Disposing of the appeal, the Bench concluded: “On the basis of the orders, the appellant has a right to continue till fresh appointments are made”.
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