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| HC grants interim relief to candidate working in 'academic arrangement' | | | Jammu, Jan 8 (JNF): Justice Hasnain Masoodi of J&K High Court while issuing notices to Commissioner/Secretary to Higher Education Department, Commissioner/Secretary to General Administration Department, Director Colleges, High Education Department, Principal GGM Science College, Jammu and Principal Govt. Degree College (Boys), Udhampur, directed the official respondents to maintain status quo regarding the petitioner's service, till next hearing before the Bench.
The petitioner Sahil Khanna, working as lecturer on contractual basis in the academic arrangement with effect from 2002 sought quashment of Section 3 (b) of J&K Civil Services (Special Provisions) Act, 2010 in so far as the said provision excludes the employees appointed in academic arrangement from the right of regularization of their services being ultra virus the Constitution of India. The petitioner in his petition filed through D S Chauhan, Advocate submitted that the provisions of J&K Civil Services (Special Provisions) Act, 2010 seek to treat the employees appointed on 'academic arrangement' as a different class for purposes of exclusion when characteristics of an employee appointed on 'academic arrangement' are identical and similar to an employee appointed on 'contractual basis'. The candidates in 'academic arrangement' are recruited and selected on merit through fair and open process set out in the recruitment, selection and appointment procedure and in the context of overall workforce plan. The lecturer appointed/engaged on contractual basis in academic arrangement perform just as well as regular lecturers do and deliver similar and in some cases better results in terms of learning process. It is further stated in writ petition that excluding the employees appointed/engaged on 'academic arrangement' from regularization of their services defeats their right to employment and acts on contravention to Articles 14 and 16 of Constitution of India. It adversely affects the career prospects of the writ petitioner and also exploits the conditions of service to which the writ petitioner is eventually entitled to and the State being the welfare State cannot be allowed to exploit the writ petitioner and take advantage of the helplessness and misery of the writ petitioner. The petitioner sought writ of mandamus directing and commanding the respondents to treat the employee appointed/engaged on 'academic arrangement' as 'contractual employee' and consider his case for regularization in terms of J&K Civil Services (Special Provisions) Act, 2010. |
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