Case Note & Summary
The case involved a dispute regarding the employment of guest faculty in government colleges under the Jan Bhagidari Scheme initiated by the Madhya Pradesh government. The appellants, who were appointed as guest faculty for the academic year 2014-2015, were discontinued after the academic year ended. They challenged this discontinuation in the High Court, which initially ruled in their favor, allowing them to continue until regular selections were made and entitled them to salaries as per UGC guidelines. The State Government and Jan Bhagidari Samiti appealed this decision. The Supreme Court heard arguments from both sides, with the appellants asserting their qualifications and the need for continuity in their employment, while the respondents maintained that the appointments were contractual and dependent on student enrollment. The court found merit in the appellants' claim to continue until replaced but modified the salary directive, allowing them to be paid an honorarium instead of UGC rates. Ultimately, the Supreme Court partly allowed the appeal, quashing the High Court's order while ensuring the appellants could continue their roles under specific conditions.
Headnote
A) Employment Law - Guest Faculty Appointments - Continuation of Service - Not applicable - The court held that the appellants could continue in their posts until replaced by regularly selected candidates, contingent on student enrollment. The court modified the previous order regarding salary, allowing honorarium at a specified rate instead of UGC rates. (Paras 16-16).
Issue of Consideration
Whether the appellants, appointed as guest faculty, were entitled to continue in their positions until regularly selected candidates were appointed.
Final Decision
The Supreme Court partly allowed the appeals, quashing the High Court's order while allowing the appellants to continue until replaced by regularly selected candidates, contingent on student enrollment, and modified the salary to an honorarium of Rs. 1,000 per hour.
Law Points
- Employment law
- guest faculty appointments
- contractual employment
- ad hoc employment
- public participation in education
