Guest Faculties Only Have Right To Continue Till Regular Incumbents Take Charge Either On Appointment Or Transfer: Madhya Pradesh High Court
The Madhya Pradesh High Court was considering a batch of three petitions filed by the guest faculty lecturers in different Colleges in the State.
While directing the State Government to ensure that, upon being fallen out, the guest faculty lecturers are given an offer at the nearest place, the Madhya Pradesh High Court has reiterated that guest faculty only have a right to continue till the regular incumbents take charge, either on appointment or transfer.
The High Court was considering a batch of three petitions filed by the working Lecturers as guest faculty in different Government Degree/Post Graduate Colleges in the State.
The Bench comprising Chief Justice Alpesh Y. Kogje and Justice Vivek Jain held, “The petitioners have failed to establish any vested right of regularization before this Court. They were appointed as guest faculties and it is well settled that guest faculties only have a right to continue till the regular incumbents take charge either on appointment or transfer. This Court could have given some sympathetic consideration to the case of the petitioners, if the State of Madhya Pradesh had not been carrying out regular recruitment for the position of Assistant Professors in Government colleges. It is not disputed by any of the rival parties that the State Government has been carrying out regular recruitment to the regular posts of Assistant Professors in the State by issuing successive advertisements through MPPSC from time to time.”
Advocate Ravindra Kumar Gupta represented the Petitioner while Additional Advocate General Bramhadatt Singh represented the Respondent.
Factual Background
The challenge laid by the Guest Faculty working in Government Colleges under the Department of Higher Education was identical in nature. The matter revolved around Clause 6.1 of the Circular dated October 5, 2023, whereby it has been laid down that the Guest Faculties shall be paid honorarium @ ₹2000 per day by enhancing the same from ₹1500 per day with an upper cap of ₹50,000 per month.
The Circular dated October 6, 2023 provided that for the advertisement issued on September 26, 2023 for regular recruitment to the posts of Assistant Professors/Sports Officers/Librarians in the Government Colleges, the already working Guest Faculties should be entitled to 25% reservation horizontally across all vertical categories and they would be granted bonus marks as laid down in the said Circular. It was also decided that age relaxation should be granted to Guest Faculty @ 1 year of age per session of having worked as Guest Faculty, subject to a maximum relaxation of 10 years. Said relaxation would be applicable for three succeeding future recruitment advertisements. The relaxations granted vide Circular dated October 6, 2023 had been incorporated in statutory rules vide a 2024 amendment notification whereby Rule 11(8) has been substituted in M.P. Education Service (Collegiate Branch) Recruitment Rules, 1990.
Argument
The petitioner challenged the upper cap of ₹50,000 mentioned in Clause 6.1 of the said circular on the ground that the same is contrary to the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018.
Reasoning
The Bench noted that the State had framed a definite policy framework for regulating the conditions of engagement of guest faculties in Government colleges in the State and the prescribed policy framework is the order dated October 5, 2023 framed by the State Government. Considering that the petitioners were simply appointed on basis of merit in the academic course undergone by them after getting bonus marks for their particular category or for experience, the Bench held that they couldnot claim to be covered under Clause 13.0 of UGC Regulations, 2018.
“The State Government prescribing 14 honorarium of Rs.2000/- per day with cap of Rs.50,000/- per month is in consonance with UGC circular dated 28.01.2019 and there is no conflict with the UGC circular dated 28.01.2019. Therefore, this Court is of the considered opinion that the Clause 6.1 of order dated 05.10.2023 is not in conflict with Clause 13.0 of UGC, Regulations 2018”, it held.
Dealing with the system of falling out of the guest faculties on joining of regular incumbents on appointment or transfer, the Bench held that the said system did not need any interference of the Court because once a regular incumbent is appointed and joins on the post then the requirement of the guest faculty naturally comes to an end. “If the guest faculty teachers are also retained in that condition, then there would be no work left for the regular Assistant Professors who have joined the post after being selected by MPPSC”, it added.
One of the grievance raised by the petitioner was that whenever they fall out then either they are not considered for engagement on vacant post and even if they are considered for such then engagement, then they are given offer at far away places. The Bench thus disposed of the Petition by directing the State Government to ensure that upon being fallen out, the petitioners are given offer at the nearest place where position is available for his/her subject.
Cause Title: Dr. Abha Agrawal and Others v. The State of Madhya Pradesh and Others (Case No.: Writ Petition No.16358 of 2024)
Appearance
Petitioner: Advocates Ravindra Kumar Gupta, Brindawan Tiwari
Respondent: Additional Advocate General Bramhadatt Singh, Advocate Aditya Pachori