Jharkhand High Court
Dr. Prishila Soren & Others vs The State Of Jharkhand on 7 May, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1435 of 2022
Dr. Prishila Soren & Others ..... Petitioners
Versus
The State of Jharkhand, through the Chief Secretary, Ranchi & Others
..... Respondents
-----
CORAM
HON'BLE MR. JUSTICE RAJESH SHANKAR
-----
For the Petitioners: Mr. Ajit Kumar, Sr. Adv.
For the State: Mr. K. K. Singh, S.C-V
For the JPSC: Mr. Sanjay Piprawall
For Respondent Nos. 3, 5 & 8: Mr. Shubhashis Rasik Soren
For Respondent Nos. 7 & 13: Mr. A. K. Mehta
For Respondent Nos. 11, 12 & 14: Mr. Shivam Singh
For Respondent No.15: Mr. Prashant Pallav
-----
17/07.05.2024 I.A. No. 2945/2024
The present interlocutory application has been filed on behalf of the
petitioners for amendment in paragraph 01 as well as in prayer portion of
the present writ petition primarily challenging notification No. 17/2024 dated
05.03.2024 issued under the signature of the Registrar, Sido Kanhu Murmu
University, Dumka and also for adding the supporting statements.
2. Having heard learned counsel for the parties and for the reasons
stated in the present interlocutory application, the petitioners are permitted
to make necessary amendment in paragraph 01 as well as in prayer portion
of the present writ petition as proposed in paragraph 07 of the present
interlocutory application.
3. So far as the statements made in paragraphs 5 & 6 of the present
interlocutory application are concerned, the same shall be treated to be the
part of the present writ petition.
4. Let necessary insertion in the relevant parts of the present writ
petition be made by learned counsel for the petitioners in course of the day.
5. The present interlocutory application stands disposed of.
6. The present interlocutory application has been filed on behalf of the
petitioners seeking stay of operation of notification No. 17/2024 dated
05.03.2024 issued under the signature of the Registrar, Sido Kanhu Murmu
University, Dumka whereby the applications have been invited for
appointment of need based Assistant Professors on 273 posts in various
subjects including 6 posts in ''Political Science'' subject.
7. Leaned Sr. counsel for the petitioners submits that the respondent
No.3 is proceeding to appoint more Assistant Professors on ad-hoc basis vide
notification No. 17/24 and thereby has again acted against its own
understanding as recorded by this Hon'ble Court in the order dated
23.08.2021 passed in W.P.(S) No. 548/2021 (Prabhas Gorai Vs. State of
Jharkhand) & analogous cases whereby the respondent-State as well as the
respondent-University had undertaken before this Court that they would not
oust or terminate or replace the contractual employees/Assistant Professors
working under it with another set of contractual employees.
8. It is further submitted that a connected writ petition i.e. W.P.(S) No.
1435/2022 was heard on 04.05.2023 and the issues involved in the case i.e.
whether ad hoc employee can be replaced by another set of fresh ad hoc
employee was out-lined.
9. It was also observed in the order dated 18.05.2023 that as per the
settled law, one set of contractual employees cannot be replaced by another
set of contractual employees and the respondent-University was further
directed to file a specific affidavit as to whether any requisition had been
sent for regular appointment to the post of Assistant Professors/Lecturers
along with details of vacancies. The matter was again heard on 14.12.2023
and on the said date, it was observed that there should be a uniform policy
of appointment, replacement and removal of ad hoc Assistant
Professors/teaching faculties so as to avoid any pick and choose approach by
the University authorities.
10. Learned Sr. counsel for the petitioners also contends that in view of
the afoersaid orders, directions and observations of this Court in the
connected writ petition and the undertaking given by the respondent-State
as well as the respondent-University in W.P.(S) No. 548/2021 and other
analogous cases in which similar issue was involved, the action of the
respondent-University in inviting applications for ad hoc appointment of
Assistant Professors in different subjects including ''Political Science'' is in
direct contravention of the orders of this Court passed in the connected as
well as other similar writ petitions. Hence, on that score the action of the
respondents can even be said to be contemptuous as they are acting against
the very principle as has been elaborated in a catena of judgments passed
by this Hon'ble Court as well as the Hon'ble Apex Court that ad hoc
employees cannot be replaced by another set of ad hoc employees and
adhocism cannot be perpetuated.''
11. Pursuant to the order dated 04.04.2024, a counter affidavit has been
filed on behalf of the respondent No.15 annexing a copy of the report
submitted by the Registrar, Sido Kanhu Murmu University, Dumka to the
Chancellor of Universities of Jharkhand.
12. Mr. Shubhashis Rasik Soren, learned counsel for the respondent-Sido
Kanhu Murmu University, while referring to the said report, submits that the
contract period of the petitioners has already come to an end. The University
has initiated fresh process for contractual engagement of Assistant
Professors in different subjects duly following the reservation roster which
was not done on earlier occasions. He however prays for four weeks' time to
file reply to the present interlocutory application.
13. Considering the said prayer, put up this case on 19.06.2024 under the
heading ''Orders''.
14. Till then, the Sido Kanhu Murmu University, Dumka may proceed with
the appointment process pursuant to notification No. 17/2024 dated
05.03.2024, except the appointment of Assistant Professors for the subject
''Political Science'' which is concerned with the present writ petition.
Satish/- (RAJESH SHANKAR, J)
