Kashmir University Doing Great Disservice To Students By Hiring Guest Faculty To Circumvent Need For Contracutal Teachers: J&K High Court
The Jammu & Kashmir Excessive Court docket has delivered a judgment reinforcing the authorized precept that “one advert hoc association can’t be changed by one other of comparable nature,” and criticised the College of Kashmir for changing contractual college with visiting and visitor lecturers.
It additional directed the respondent College to proceed the companies of contractual legislation lecturers till a core college is constituted according to the foundations.
A bench of Justice Sanjay Dhar noticed that “It isn’t a cheerful state of affairs that the College is operating the present with advert hocism,” including that hiring visitor/visiting lecturers to bypass the continuation of skilled contractual lecturers was “a mala fide train of energy.”
The court docket cited Rule 17 of the Bar Council’s Guidelines of Authorized Training, emphasising that the College is legally obligated to create a steady core college, given its massive pupil consumption and a number of legislation programs. As an alternative, the respondent establishment was resorting to a “rent and fireplace coverage,” which is detrimental to each the petitioners and the scholars.
The court docket noticed that whereas the college had marketed 12 positions of contractual Lecturers in 2023, it solely appointed three, leaving a obtrusive shortfall of school members within the Division of Regulation.
The court docket famous that “the respondent College appears to need to perpetuate this advert hocism by roping in visiting and visitor college from different establishments, whereas discontinuing petitioners’ companies.”
The court docket additionally expressed critical concern over the observe of changing educating college after each tutorial session, noting its opposed affect on college students’ tutorial continuity.
The court docket stated that “a instructor should ring a bell with the scholars, which requires sustained interplay over a time frame. If college is incessantly changed, it can have deleterious penalties on the standard of schooling.”
The court docket held that changing petitioners with non permanent preparations was legally impermissible and opposite to college students’ pursuits.
It added that “the petitioners shall proceed as contractual lecturers within the Division of Regulation until a core college is created and put in place. Nonetheless, the College retains liberty to disengage them on grounds of non-performance or self-discipline.”
The court docket additionally distinguished between a “put up” which is a sanctioned cadre place with designated duties and pay, and a “place,” which can be non permanent or project-based.
It stated that whereas the petitioners held “positions” as contractual lecturers, the College’s personal commercial of 12 positions indicated a seamless want for college that has not been met.
APPEARANCE:
Mr. G.A. Lone, Advocate Mr. Mujeeb Andrabi, Advocate Mr. Sheikh Mushtaq, Advocate Mr. Owais Shafi, Advocate Mr. Manzoor Ahmad Ganai, Advocate Mr. Arif Sikandar, Advocate Ms. Asifa Padder, Advocate Ms. Laraib Anjeelena, Advocate Mr. S.M. Saleem, AdvocateAdvocate for Petitioners
Mr. Syed Faisal Qadiri, Sr Advocate with Mr.Khursheed Dar, Advocate. Mr. Asif Maqbool, Advocate. Mr. Mansoor Bukhari, Advocate. Ms. Mariya, Advocate FOR Respondent.
Case-Title: MUSHTAQ AHMAD SHAH & ORS vs UNIVERSITY OF KASHMIR, 2025
