High Court Bars KU from Replacing Contractual Faculty under ‘Change of Nomenclature’
Mudasir Yaqoob
Srinagar, Nov 8: The High Court of Jammu and Kashmir and Ladakh has restrained the University of Kashmir from replacing its existing contractual lecturers “by making similar arrangements under a change of nomenclature,” terming such administrative practices impermissible under law.
A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar passed the direction while deciding a batch of appeals filed by the University challenging a single-judge order that had allowed contractual lecturers to continue until regular appointments were made.
The court observed that the University must refrain from creating new titles or temporary designations merely to replace existing appointees performing the same academic duties. “Experienced teachers are more valuable to institutions than new ad hoc recruits unfamiliar with the system,” the Bench said, adding that frequent replacement of teachers disrupts learning and harms students.
Referring to various Supreme Court judgements, the Court reaffirmed that one ad hoc or temporary employee cannot be replaced by another of the same status, the Bench clarified that such contractual staff cannot claim perpetual continuation where their appointments are not against substantive posts.
The Bench, however, allowed the University to engage temporary or visiting faculty when genuinely required but directed it to give first preference to those who have already served and gained teaching experience in earlier sessions.
The Division Bench also directed the University to place the judgment before the Bar Council of India for assessing faculty strength in the Law Department and ensuring compliance with the Rules of Legal Education, 2008.
The High Court of Jammu and Kashmir and Ladakh has underscored that academic continuity and educational quality must remain the guiding principles in university administration, cautioning the University of Kashmir against adopting a “hire and fire” policy in engaging contractual teachers.
