Blog

This particular decision is upheld by the High Court of Odisha through the division bench of Justice S.K Panigrahi in the case of Siba Prasanna Pathy v State of Odisha & Ors (W.P.C No.12250 of 2022)

Facts:

The petitioner in the present case has filed the present writ application challenging the inaction of the Opposite parties, more particularly the Opposite Party no.3 (Registrar, Khallikote Unitary University, Berhampur) in issuing the impugned advertisement for the selection to the post of Guest Faculty. However, all of a sudden, the Opp. Party No.3 issued an advertisement on selection of Guest Faculty in various discipline including.  The petitioner along with other members were against this as they were well qualified for the post and addition of new members was not necessary. The Opp. Party No.3 then issued a notice were they were asked by the Heads of the Department to inform their respective Guest Faculties over phone not to attend their duty.

Judgement:

The Orissa High Court, in the order which held that ad-hoc employees can be replaced by other ad-hoc employees, made certain important observations against the prevailing situation relating to appointment of guest faculties on a large scale without facilitating the recruitment of regular faculties in educational institutions. The court was of the view that appointment of Guest Lecturers on a large scale without regular appointment of teachers is likely to make a huge dent on the quality of the teaching and hugely hamper the interests of the students. Further, the guest faculty/temporary teachers will not be able to work with a free mind and there will always be a fear of termination at the whims and fancy of the principal or Vice-Chancellors. This Court believes that students of Odisha deserve good teachers and quality education. Undeniably, the ad-hocism cracks in the myth of a better and quality education.

On the other hand, these ad hoc teachers are unnecessarily subjected to arbitrary ‘hiring and firing’ policy. Most of the ad hoc teachers are educated unemployed and they are compelled to accept these jobs with a miserably low pay and on pathetic service conditions. The ad hoc teachers and teaching regime is a pointer to the facts that the Government is exploiting the situation sans a sound personnel policy and hits by Articles 14 and 16 of the Constitution of India. Such a status quoist approach directly contradicts the essence of a State. It is imperative that the State Government should appoint more and more regular teachers in the educational institutions of the State and adhocism need to be shifted to a permanent system.

JUDGEMENT REVIEWED BY NAISARGIKA MISHRA

Click here to view your judgement